The research of the legal regime of the self-disciplined standard of The Non-Life Insurance Association

• Main Authors: Yu-Te WU, 吳酉德
• Other Authors: Robert Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/36775468979978069410

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 97 === Subject of this study is the framework of the law and its auxiliary regulations established by the non-life insurance association for self discipline. Self discipline of association is built on the association’s organization and system and its operation features of internal self control and restraint, with expectation to take care of both public interests and the interest of the organization with effectively self-beneficiary motives. In essence, it carries relatively high moral appeals. In nature, it is part of corporate governance. With authorization by related government laws and regulations, the role of association in the banking-related industries in our country has been enhanced to be one with supervisory and managing capabilities; that is, playing the legitimate role of a “quasi-administrative authority”. In this study, the nature and function of insurance association in insurance supervision is firstly discussed, then its legal standing as well as functionality in terms of the Administrative Law, and the legal basis for the self- discipline established by non-life insurance association and function and applicability of and compliance with the general principles of the Administrative Law are discussed to explore the legal system of the self-discipline. The governing authority has high anticipation on the performance of Phase 3 deregulation and hence has integrated supervision and planning in the self- discipline. It is expected that through the organization function of self- discipline, the vicious defect of improper competition on the market for the past years can be corrected for all. However, there are still many loopholes and inappropriate regulations in the current regulation, organization, and operation. In light of this, suggestions are brought forth in this study regarding solutions to the problem. In addition, the administrative guidance from the governing authority is discussed to explore its legal binding force. The approval and filing system of existing self- discipline and its legal binding force are discussed, too. It is expected to integrate self- discipline with the Administrative Law. After that, the independence of the audit mechanism established for self- discipline of the association and problems regarding protection of commercial classified information are discussed. The legitimacy of concerted action in the non-life insurance industry, loading in the Phase 3 deregulation and concerted action are discussed, too. Suggestions are brought forth in the conclusion for the discussed that need to be adjusted or modified with anticipation that while the governing authority use the self- discipline as part of its supervision mechanism which can meet the general legal principles and theories of the Administrative Law and make the self- discipline of the non-life insurance association a platform that facilitates virtuous completion on the market and no longer the road block to market liberalization and normalization. Once the market is liberalized comprehensively, insurance professionals can orient their objective and enhance their competitiveness based on their expertise and advantages in the network and establish promising global management strategies. As the development trend for non-life insurance in our country confronts impacts from comprehensive liberalization of the market, how should the insurance governing authority and non-life insurance association as well as insurance companies respond and reform the supervision system through self- discipline and public-regulatory legal systems. The legitimacy of related self- discipline laws in the insurance industry at the moment is still insufficient and leaves room to be desired for improvement. In addition, the concerted action covered in the self- discipline of non-life insurance association is sure to be in conflict with the Fair Trade Law and insurance supervision, which is clarified in this article, too.