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保险监管是保证保险市场健康运行的重要手段,纵观世界各国保险监管的法律实践,保险市场行为监管和保险偿付能力监管已成国际保险监管的两大监管模式。随着保险监管制度变迁,实践证明,以保险偿付能力为核心的监管模式更具制度优势。我们的研究认为,偿付能力监管的有效性是建立在健全的保险公司治理结构之上的,保险公司治理结构作为保险监管体系重要的制度存在,本身承担了保险监管的根本性一环,引入保险公司治理结构的有效监管模式将成为保险偿付能力监管的补充性制度选择。为此,需要进行以下制度安排:植入具备风险提示与风险预警的高效风险防控体系、实时引入战略投资者、引入董事会损害赔偿责任制度。
Insurance supervision is an important means to ensure the healthy operation of the insurance market. Looking at the legal practice of insurance regulation in various countries in the world, the regulation of insurance market behavior and the regulation of insurance solvency have become the two major regulatory modes of international insurance regulation. With the change of insurance supervision system, practice has proved that the regulatory model with insurance solvency as the core has more institutional advantages. Our research suggests that the effectiveness of solvency regulation is based on a sound governance structure of insurance companies. As an important system of insurance supervision system, the governance structure of insurance companies itself takes the fundamental part of insurance regulation and introduces insurance The effective regulatory model of corporate governance structure will become a supplementary institutional choice for the regulation of insurance solvency. Therefore, the following institutional arrangements are needed: implanting an effective risk prevention and control system with risk warning and risk warning, introducing strategic investors in real time and introducing a liability compensation system for the board of directors.