我国保险产品的新发展与法律应对——以投资型保险的法律规制为中心

Development of New Insurance Products in China and Its Legal Responses——Based on the Legal Regulation of Investment-Linked Insurance

近年来,具有投保人自行承担风险、专设帐簿管理等特征的投资型保险在我国的出现,给现有的法律规范带来了新的挑战。为应对新的挑战,在准确界定投资型保险基础之上,树立功能监管理念、进行系统立法予以规范、注重私法责任体系建设应当成为今后法律发展的方向。同时,合理规制投资型保险等新型保险产品,也是促进保险业乃至整个社会发展的必然要求。

In recent years,the emergence of investment-linked insurance in China which features policyholders taking risks on their own and separate account management has brought new challenges to the existing legal norms.In response to the new challenges,on the basis of accurately defining investment-linked insurance,establishing the concept of functional supervision,regulating it through system legislation,and focusing on the construction of private law liability should be the directions of future legal developments.Meanwhile,reasonable regulation of new insurance products including investment-linked insurance is also an inevitable requirement to promote the development of the insurance industry and the whole society.