巨型灾害保险法律制度的构建

Establishment of the Insurance Legal System Regulating Mass Disaster

面对巨型灾害造成的大规模损害,传统保险法的运作机制无法有效应对。各国保险法律制度通过专门立法或者扩大既有强制性保险的范围加以规制。我国已经开始了对巨灾保险的立法尝试,但规定还相当原则,需要从费率确定、再保险机制、制度配合三个方面进一步完善。

Confronted with mass disasters, the traditional insurance law can not performed the function of loss distribution. Special legislation or broadening the applicability of compulsive insurance law is two common ways to respond with the challenge of mass disaster. The construction of insurance law regulating mass disaster has been begun in China. In case of the general criterion, insurance legal system regulating mass disaster needs to pay more attention to the legal way to confirm fee ration, reinsurance legal mechanism, cooperation of legal systems.