相互保险组织会员权利实现困境及救济途径

The Difficulties and Relief Ways of Mutual Insurance Organization Members' Rights

我国相互保险定位于中低收入阶层,作为"普惠金融"的一部分可以成为股份制保险公司的有益补充。相互保险组织由主要发起会员筹资设立并对组织的运作、管理等方面享有绝对的控制权;受诸多主观因素和客观因素影响,组织成立后参保的会员在组织中的权利要求被完全形式化,《相互保险组织监管试行办法》赋予会员的各项权利很难实现。如何保障我国相互保险组织中会员权利的顺利实现,并将以主要发起会员为主的控制者阶层的控制权约束在合理范围内,使之服务于而不是凌驾于相互保险组织和会员的利益之上,这是立法者和监管者需要慎重考虑的问题。

As a part of'inclusive finance',mutual insurance in China is positioned at middle and low income class,which can be a beneficial supplement to joint-stock insurance companies.The mutual insurance organization is established by the main initiator and enjoys absolute control of the operation and management of the organization.Affected by many subjective and objective factors,the rights of the insured members in the organization after the establishment of the organization are completely formalized,and the rights granted to the members by the trial method of supervision of mutual insurance organizations are difficult to realize.How to guarantee the smooth realization of member rights in mutual insurance organizations and restrain the control right of the main initiator class to a reasonable extent,so that it serves the interests of mutual insurance organizations and members rather than overrides them,this is a problem that lawmakers and regulators should carefully consider.