论保险监管的理论根源

保险监管不同于政府对一般市场主体及其市场活动的监管 ,主要是由保险业、保险合同及保险市场的特殊性决定的。保险市场存在的诸多市场失灵问题 ,是保险监管的经济根源。而保险监管的法律根源主要在于保险监管是保险市场实现法的秩序价值和公平价值的必要手段和重要途径 ,也是实现法的自由和效率价值乃至其他价值的需要

On Theoretical Source of Insurance Control

Insurance control means that governmental institute of insurance control supervises and control the insurance market, organizations and business of the subject in the insurance market in accordance with law. Insurance control is different from the control over the ordinary subjects of insurance market and their business. This is decided by insurance, insurance contracts, and the particularity of insurance market. A lot of problems such as malfunction of market are the economic source of insurance control, while the legal source of insurance control lies in the necessary means and important way to realize the order value of law and the value of justice. It is also the need of realizing the value of freedom, efficiency and other values of law.