產險公司破產保證支付制度之研究

張德宇

doi:10.6846/TKU.2009.00923

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產險公司破產保證支付制度之研究

A Study of Guaranty Payment System Concerning Non-life Insurance Bankruptcy Among the Major Countries

張德宇 , Masters　　Advisor：廖述源　　

繁體中文 DOI： 10.6846/TKU.2009.00923

財產保險業；失卻清償能力；破產；保證支付制度；安定基金；保險監理； Property insurance business ； Insolvency ； Bankruptcy ； Guarantee payment system ； Guaranty Fund ； Regulation

Abstract │ Reference (95) │ Times Cited (1) │ Altmetrics

Abstract 〈TOP〉

Parallel Abstract 〈TOP〉

The insurance industry is one of the important financial segments for every country.  Apart from the impact on the public benefits, its operational results have also a obviously external effects.  The insolvency resulting from the poor operations will not only cause a huge amount of the external cost, but also shake the confidence of the public. Consequently, the superintendent organization in charge of implementing the economical system of the market will strictly monitor the entrance/exit mechanism and solvent capability of the insurers, encourage the fair competition and provide the consumers with a best protection by way of the payment guarantee, in order to set up a moderately competitive and efficient market environment as well as a safe and stable financial system.

The payment guarantee against bankruptcy is one of the measures taken by the superintendent organization for the purpose of protecting the policyholders, maintaining the fair competition, stabilizing the financial system and overall economic environment.  In other words, a good insurance system is of great benefit to the economic development and the promotion of public strategy.

After Taiwan joined WTO, the insurers will intangibly face a great potential of business operation in view of an intense deregulation of some insurance laws.  Moreover, following the gradual liberalization in the insurance market, the insurers inevitably encounter a more difficult and fierce market competition.  On the other hand, as the change in the free market is relatively severe, the liberalization of the insurance markets will also enhance the bankrupt opportunity for some insurers with poor performance.

Therefore, the paper discusses various topics in terms of the theoretical study of insurance regulation, the insurance regulations of U.S.A., U.K. and Japan, the bankruptcy and the Payment Guarantee System applicable of non-insurers in other countries as well as the Non-Life Insurance Stabilization Fund in our country.  The paper also further studies and reviews the current systems of various countries by means of the actions to be taken to protect the policyholders’ rights and interests while non-life insurers suffer the bankruptcy. Finally, the paper proposes some considerable suggestions to the insurance superintendent organization how to cope with this problem.

Reference ( 95 ) 〈TOP〉

8.陳春山, 金融改革及存保法制之研究, 元照出版有限公司, 2004年
連結：
5.林群弼, 保險法論, 三民書局, 2003年
連結：
7.許碩芬、林兆欣, 保險公司失卻清償能力時之風險管理,風險管理學報第一卷，1999年
連結：
8.Adams, M.B.;Tower,G.D.(1994), Theories of Regulation : SomeReflection on the Statutory Supervision of Insurance Companies in Anglo American Countries. Geneva papers on Risks and Insurance,No.71.April.
連結：
9.Booth,P.M.(1997), The Political Economy of Regulation. British Actuarial Journal.3,III,
連結：

Times Cited (1) 〈TOP〉

陳柏宇(2015)。整合性存款保險之研究。淡江大學保險學系保險經營碩士班學位論文。2015。1-85。

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