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自中国保险业恢复以来,保险业以每年30%以上的速度快速发展和壮大,且潜力巨大。但在中国保险业持续、快速发展的同时,作为规范保险行为的法律制度,却存在众多空白及严重缺陷。因此,借鉴美国经验,应尽快对中国现行《保险法》进行修订,通过修法从根本上进一步完善中国保险法律制度。为此作为进一步完善中国保险法制的重要对策,笔者建议在新的法律制度中应明确提出保护被保险人利益,取消保险市场准限制,放松对保险资金运用限制,允许混业经营,转变保险监管模式等内容。
Since the recovery of China’s insurance industry, the insurance industry has rapidly developed and expanded at an annual rate of over 30% with great potential. However, while the insurance industry in China continues to develop rapidly, it has many gaps and serious flaws as a legal system for regulating insurance. Therefore, drawing on the experience of the United States, we should make an amendment as soon as possible to the existing “Insurance Law” in China and fundamentally perfect the insurance legal system in China. To this end, as an important measure to further improve the Chinese insurance law, the author suggests that the new legal system should be clearly put forward to protect the interests of the insured, to abolish the quasi-restrictions on the insurance market, to relax restrictions on the use of insurance funds, to allow mixed operations and change the insurance regulation Mode and so on.