保险合同纠纷非诉讼争议解决机制的构建

On Construction of Alterative Dispute Resolution for Insurance Contract Disputes

在我国金融服务业快速发展的同时,大量合同争议的恶性发展可能破坏金融服务行业的诚信基础,金融服务合同纠纷已成为行业发展的重大障碍。解决金融机构与个人客户之间的合同纠纷向来是个难点,西方国家通过长期的实践形成了较完善的非诉讼争议解决方法。源自北欧、历史悠久的投诉专员制度(Ombudsman),至今仍显现蓬勃的生命力,在诉讼体制之外为金融服务消费者提供另一条解决纠纷、"实现正义"的途径,在部分西方国家甚至超越诉讼成为民众解决纠纷的首选方法。建立中国的"保险投诉调查服务",无疑对保护投保人利益,促进金融保险业健康发展,具有重要的现实意义。本文借鉴西方成熟经验,以保险行业为例,阐述了非诉讼争议解决机制(非诉讼程序)在构建和谐金融服务环境中的积极作用,并就建立中国的保险投诉调查服务提出政策建议。

While the financial service industry is developing rapidly in China, the worsening trend of contract dis putes may undermine the integrity of the financial industry. As a matter of fact, the existence of a large number of contract disputes has become a major hurdle for the further development of the industry. Solving the contract dis putes with individual clients has never been easy for the industry. Western countries have formed a complete set of alternative dispute resolution （ADR） methods out of their long experiences. The long-standing Ombudsman method was originated in Northern Europe, and is still exhibiting a vigorous effect. It is a useful channel for resolving dis putes and realizing ＂justice＂ for financial service consumers outside of the litigation mechanism. In some Western countries, it even has a priority over litigation. Initiating ＂insurance complaints investigation service＂ in China is un doubtedly of great significance for protecting insurance consumers＇ interests and promoting healthy development of the insurance industry. Borrowing from valuable experiences of Western countries and taking the insurance industry as an example, the paper elaborated on the positive effects of ADR （ non-litigation procedure） in creating a harmo nious financial environment ,and offered some suggestions on establishing insurance complaints investigation service in China.