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|Title: ||落實保險業退場處理機制之探討 : 以人壽保險業為例|
|Other Titles: ||A study of practicable insurer safety system : lesson from life insurer|
|Authors: ||張根基;Chang, Gen-Ji|
|Keywords: ||保險契約;保險法;財團法人安定基金;退場機制;清償能力;Insurance Contract;Insurance Act;Taiwan Insurance Guaranty Fund;Withdraw mechanism;Solvency|
|Issue Date: ||2015-05-04 09:47:13 (UTC+8)|
The establishment of the insurance contract is the agreement of proposer and the insurance industry, the insurance contract itself has chance of risk and crisis, if the proposer cancels the insurance contract for any reason halfway and leading to interruption loss of the insurance contract. More precisely, it calls the proposer''s leading factor. There is no dispute by terms of the insurance agreement, if insurance industry producing risk due to inappropriate operational or investment, and thus lead to lose solvency of the contract, is it the insurance industry to blame? Or is it proposer''s decision to blame? Or maybe the government is responsible for untrue supervision and losses by the insurance industry, and pay the debt with all taxpayers money? Is there any better withdraw strategy as an order and rule to execute by Insurance Act?
The core theme of thesis is to explore the implementation of the withdraw strategy solvency of insurance property. To cope with that, the 4th term of Article 149 of ROC insurance Act states:“Due to significant deterioration, insurance industry unable to pay its debts, or unable to fulfill the contract and risk the right of proposer, the authority may follow the sanctions by severity, namely punishment as: 1. Regulatory. 2. Take over. 3. Clean up by order. 4. Disband by order”, And for the insurance company which lack of funding and mismanagement, the 1st term of Article 143 of ROC Insurance Act states:“To protect the basic rights of proposer and maintenance of financial stability, property and life insurance should set the funds for the Taiwan Insurance Guaranty Fund”. Even so, it seems a complete legal system to cope the defect of insurance industry. However, in dealing with ROC Taiwan''s first case of insurance company "Kuo-Hua Life Insurer", which handle by the government due the bankrupt. How come does the government failed to achieve the effect so badly? Hence, the core theme of this thesis is to re-examine our withdraw strategy, and review other cases from American, German, Japan, China... etc of insurance company for handling the case of the withdraw strategy. Through comparative analysis, to build the most appropriate withdraw mechanism in response to the program that suit for Taiwan environment, Also for highly competitive environment of the modern market economy of the world, the government and related departments only need to play the role of enforcement supervision.
|Appears in Collections:||[保險學系暨研究所] 學位論文|
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