【摘要】 一個良好之保險經紀人制度,旨在提升保險經紀人之專業水準,加強對被保險人之服務與保護為目的,透過保險經紀人間之良性競爭以達強化招攬品質,孕育保險市場之平衡力量。故本文主要立足於三個核心內容貫穿全文為:一、利益衝突;二、資訊不對稱;三、我國現有保險相關法令規範無法適當並且無法完全保護要保人或被保險人之利益。實容有探討之空間。 據此,本文嘗試從保險之法令規範、學說論述與實務判決,在融合保險經紀人實務層面,綜合探討現行保險經紀人之法律地位,並透過英國、美國、紐西蘭與澳洲等國之相關法律內容,解釋與比較我國法之優劣,期對不合時宜之法令規範與監理政策,提出具體檢討與建議,俾供將來法規之修正與改進之參考。
【Abstract】 A good insurance broker system is designed to enhance the professionalism of insurance brokers, to strengthen the service and protection towards the insured, to enhance the quality of insurance brokers through healthy competition among the brokers, and to cultivate a balanced strength across the insurance market. Thus, there are three core elements throughout the current paper, with the following major issues: 1) conflict of interest; 2) information asymmetry; 3) the inadequacy and incomprehensive protection of the interests of the policyholder or the insured based on current insurance laws and regulations. Accordingly, this study attempted to comprehensively discuss the current legal status of insurance brokers from insurance laws and regulations, theory descriptions and adjudication of real-world cases, and integration of real-world elements pertaining to insurance brokers. Additionally, to potentially aid the direction of future revision of regulations and improvement of relevant bureaus, relevant laws or regulations of countries such as the United Kingdom, the United States, New Zealand, and Australia were examined, outdated legal regulations and supervisory policies were identified and assessed, and concrete reviews and suggestions were made.