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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/102065

    Title: 我國司法訴訟外保險爭議處理機制之研究 : 兼論保險業申訴處理績效為差異化監理指標
    Other Titles: The study of alternative dispute resolution (ADR) of insurance consumers : from the perspective of using the performance of the complaints handled by insurance companies as the differentiation supervisory indicators
    Authors: 賴純青;Lai, Chun-Chin
    Contributors: 淡江大學保險學系保險經營碩士在職專班
    卓俊雄;Cho, Chun-Hsiung;高棟梁;Kao, Tong-Liang
    Keywords: 保險爭議;訴訟外保險爭議處理機制;差異化管理;Insurance Dispute;Alternative Dispute Resolution (ADR);Differentiation Supervisory Indicators
    Date: 2014
    Issue Date: 2015-05-04 09:46:28 (UTC+8)
    Abstract: 保險商品為射倖契約、承諾兌現時間長、招攬業務員的專業及職業道德等,造就保險商品或服務無可避免的爭議。筆者服務於公務機關,必須處理民眾保險申訴案件,因此對於我國訴訟外保險爭議制度,以及主管機關以保險業者申訴處理績效為差異化監理指標等,衍生進一步研究的動機,並期藉由此研究,能進一步提供更符合我國國情之訴訟外保險爭議處理建議及差異化監理措施之運作機制。
    Attributing to such features as aleatory contract, a long term agreement to fulfill a promise and representing the broker’s major and professional ethics, there are inevitable disputes on insurance products or services. The author works in the government and has to deal with public insurance appeal cases, which motivates him/her to do a study on Alternative Dispute Resolution of Insurance Consumers and how the competent authority takes the performance to resolve appeal cases of the insurer as differentiating management indicators. Based on this study, suggestions to Alternative Dispute Resolution of Insurance Consumers and operation mechanisms of differentiating supervision measures are put forward, which is sure to be much more suitable for the situation of R.O.C.
    This study adopts literature review and comparison method, accompanied by expert interview method in some chapters and section. In this literature review, the author not only explores the history of Alternative Dispute Resolution of Insurance Consumers, but also lists literatures of related systems in the UK, Singapore, Japan, etc. During the study, it introduces the history of financial consumer protection legislation, Alternative Dispute Resolution of Insurance Consumers and the operation and performance of financial consumer dispute authority (Financial Ombudsman Institution, hereinafter referred to as the Institution). Moreover, it discusses how the competent authority takes the aforesaid performance to appeal cases of the insurance company as the differentiating management methods on business and finance, and also analyzes the advantages and disadvantages. The above-mentioned performance refers to the comprehensive scores for calculating insurance appeal, based on quantities of reviewed cases.
    In the end, this study puts forward the relevant conclusions and suggestions: For the aspect of disputes resolving authority, it proposes ways on how to intensify the breadth and depth of its educating and publicizing functions, to further promote the operation of autonomic negotiation mechanism from insurers and consumers, to carry out the institutionalization and standardization when citing the Fair and Reasonable principles into resolutions, and start to prepare for such big data; For the aspect of the competent authority, this study suggests, out of the position of protecting consumers, to further strengthen the differentiating management measures of supervision indicators in order to encourage the insurer to fully emphasize insurance dispute resolution performance and make more stable development in the insurance market.
    Appears in Collections:[保險學系暨研究所] 學位論文

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