我国保险营销员法律地位问题探究——以保险营销员与保险公司关系为核心

An Exploration on the Legal Position of Insurance Agents—— From the Relationship between Insurance Agents and Insurance Companies

世界各国的保险公司，有的主要靠保险经纪人招揽业务，如法国、荷兰；有的主要靠保险代理人招揽业务，如瑞士、美国；有的则是自身直接营销，如日本、韩国。目前我国的保险中介机构仍不发达，保险公司基本上是直接营销。保险公司与直接营销人员的关系至今尚未理顺，致使保险公司、直接营销人员、投保人、被保险人、受益人的权益都不同程度地受到了损害．保险市场基本是混乱的。借鉴实行直接营销的其他国家、地区在保险营销员与保险公司关系的法律定位方面的经验，明确我国保险营销员与保险公司的法律关系具有重要的意义。

Insurance companies in the countries such as France and the Netherland mainly depend on brokers to acquire insurance businesses; insurance companies in countries such as Switzerland and the United States rely on insurance agents to acquire insurance businesses; insurance companies in countries such as Japan and South Korea use direct sales a lot. Chinese insurance intermediaries are quite underdeveloped, and accordingly Chinese insurers mainly rely on direct sales. However, the relationship between insurance companies and direct sales people is not clearly defined today, resulting in different degree of damage to the rights and interests of insurance companies, direct sales people, the applicant, the insured and the beneficiary. Moreover, the insurance market is in disorder. We can borrow from the experiences of other countries and regions using direct sales system and their positioning of the relationship between insurance agents and insurance companies to streamline the legal relationship of Chinese insurance companies and their agents.