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保险基金是保险公司依法获得的由收取的保险费形成的赔偿基金。它具有准备金性质。同时,保险基金又具有投资功能,是资本市场的重要资金来源。投资获利包含在保险公司设立的本质目的之中,而且保险人履行保险合同中规定的保险金给付义务对于投资获利也具有内在要求。保险公司经营本身面临的市场风险已经很大,加上资本市场难以预测的价格变化,有可能造成基金投资血本无归的困境。商业保险基金的投资运营日益引起法学界普遍的关注,这主要有三个原因:第一,对保险基金投资的政府监督是运用公权力对市场主体的经济行为进行干预,公共利益的保障要求能够使监督管理具有合法性、正当性,如何才能使这种干预既能保证基金安全又保证合理的投资收益,决定了监督管理制度在设计时的重要抉择。第二,保险公司的
Insurance fund is a compensation fund formed by the insurance company according to law and received from premiums collected. It has the nature of reserves. At the same time, insurance funds have the investment function, which is an important source of capital for the capital market. The profit-making of investment is included in the essential purpose established by the insurance company, and the insurer’s obligation to pay the insurance premium stipulated in the insurance contract also has intrinsic requirements for the profit-making of the investment. The market risks faced by insurance companies themselves are already huge. Coupled with unpredictable changes in the prices of capital markets, it is possible that the investment of the funds will be lost in the first place. The investment and operation of commercial insurance funds have aroused widespread concern in jurisprudence. There are mainly three reasons for this. First, the government supervision over the investment of insurance funds is the use of public power to intervene the economic behavior of market participants. The safeguard requirement of public interests The legitimacy and legitimacy of supervision and management, how to make such interventions not only ensure the safety of the fund but also ensure a reasonable return on investment, determine the important decision in the design of the supervision and management system. Second, the insurance company