保险市场退出语境下的保单持有人权益保护探析

The Protection of Policy Holders' Interest in the Context of the Insurance Market Exit

对寿险保单持有人的保护是世界各国问题保险公司或经营失败保险公司处置中的保障重点。保险市场退出对保单持有人权益的影响包括权利受到侵害、保障额度降低、保险范围变化、清算程序带来不利影响、所享待遇降低等。保险市场退出环境下完善保单持有人权益保护的对策包括:在保险人失去清偿能力前,应采用动态的偿付能力监管措施,引导大众对风险有所了解,事先树立债权人的正确意识;在保险人失去清偿能力后,应强化保险保障基金的正确管理,完善破产后的告知义务,给予寿险消费者更多的权利,对清偿的第一顺序人应设置限额。

The protection of life policy holder is the key point of the insurance companies around the world with their operational difficulties or failure. The impact of insurance market exit on policy holders＇ rights includes infringement of rights, reduction of insurance amount, changes in insurance coverage, adversely effect of the liquidation procedure, the lower treatment, etc. The measures of improving protection of the rights of policy holders under the environment of insurance market exit are as follows： before the insured lose the ability of repaying their debts, should adopt dynamic regulatory measures on solvency, guiding the public to understand the risk, establishing a correct sense of being creditors in advance; after the insured lose the ability of repaying their debts, should strengthening the proper management of the insurance protection fund, improving the obligation to inform after bankrupt, giving life policy holder more rights, should setting the quota to the first person on the order of repayment.