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Laws of the People's Republic of China |
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Category | INSURANCE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
Date of Promulgation | 1995-06-30 | Effective Date | 1995-10-01 |
Insurance Law of the People's Republic of China |
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Section 1 General Provisions
Section 2 Property Insurance Contract
Section 3 Life Insurance Contract Article 1 This Law is enacted for the purpose of regulating insurance Article 2 Insurance as the term used in this Law refers to a commercial Article 3 This Law applies to all insurance activities within the Article 4 Whoever engages in insurance activities shall abide by laws and Article 5 Whatever engages in the commercial insurance business shall be Article 6 Any legal person or other organization within the territory of Article 7 Any insurance company, when conducting insurance business, Article 8 The financial supervision and control department of the State Section 1 General Provisions Article 9 An insurance contract is an agreement whereby an applicant for An applicant for insurance refers to a person who makes an insurance An insurer refers to an insurance company which makes insurance contracts Article 10 In making insurance contracts, an applicant for insurance and With the exception of those that shall be insured as provided by laws and Article 11 An applicant for insurance shall have an insurable interest Where an applicant for insurance has no insurable interest in the An insurable interest refers to a legalized interest that an applicant for An insurable subject-matter insured refers to the property and its related Article 12 When an applicant for insurance proposes an insurance request, By common consent through consultation, an applicant for insurance and an Article 13 After an insurance contract is concluded, the applicant for Article 14 Unless this Law otherwise provides or the insurance contract Article 15 Unless this Law otherwise provides or the insurance contract Article 16 When an insurance contract is made, the insurer shall explain If the applicant for insurance intentionally conceals the truth, fails Where the applicant for insurance fails intentionally to perform the Where the applicant for insurance fails to perform the obligation of An insurance accident refers to an accident that is within the limits of Article 17 Where an insurance contract contains a clause of exemption Article 18 An insurance contract shall contain the following particulars: (1) name and address of the insurer; (2) names and addresses of the applicant for insurance and the insured, as (3) subject-matter insured; (4) insurance liability and exemption from liability; (5) insurance period and the time of commencement of the insurance (6) insurable value; (7) insured amount; (8) insurance premium and mode of payment; (9) payment of insurance or mode of payment; (10) responsibility for breach of contract and settlement of disputes; and (11) the day, month and year on which the contract is made. Article 19 An applicant for insurance and an insurer may make other Article 20 Within the term of validity of an insurance contract, the Where an insurance contract is modified, the insurer shall mark notes or Article 21 On learning about the happening of an insurance accident, the An insured refers to a person whose property or body is secured by an A beneficiary refers to a person who, designated by an insured or an Article 22 At the time of requesting an insurer, in accordance with an The insurer who considers the relevant proofs and materials incomplete Article 23 An insurer shall, after receiving a claim for indemnity or Apart from paying insurance, an insurer who fails to perform in time the Any unit or individual may neither illegally interfere in the liability An insured amount refers to the maximum measure of the liability Article 24 After an insurer receives a request made by an insured or a Article 25 An insurer who fails to determine the amount of indemnity or Article 26 The right of claim for indemnity or payment of insurance of an The right of claim for payment of insurance of an insured or a beneficiary Article 27 If an insured or a beneficiary, in a state of that no If an applicant for insurance, an insured or a beneficiary intentionally If an applicant for insurance, an insured or a beneficiary after the An applicant for insurance, an insured or a beneficiary who commits one of Article 28 That an insurer, in the form of underwriting, transfers At a reinsurer's request, an original insurer shall notify the relevant Article 29 A reinsurer may not demand insurance premium from an applicant An insured or a beneficiary of the original insurance may not make a claim An original insurer may not, on the grounds of that a reinsurer fails to Article 30 When an insurer disputes with an applicant for insurance, an Article 31 An insurer or a reinsurer shall be liable to keep in secret Section 2 Property Insurance Contract Article 32 A property insurance contract refers to an insurance contract Property insurance contract in this Section, unless especially specified, Article 33 The transfer of subject-matter insured shall be informed to Article 34 After the commencement of the insurance liability of an Article 35 An insured shall abide by the regulations of the state An insurer may, according to the agreement of an contract, carry out an Where an applicant for insurance or an insured fails to perform his due For the purpose of ensuring the safety of the subject-matter insured, an Article 36 If, within the period of validity of a contract, the degree of Where an insured fails to perform the responsibility of notification Article 37 Under any of the following circumstances, unless otherwise (1) the relevant circumstances on which the determination of insurance (2) insurable value of the subject-matter has obviously reduced. Article 38 If an applicant for insurance requests to terminate a contract Article 39 The insurable value of a subject-matter insured may be The insured amount may not exceed the insurable value; if exceeding, the Where the insured amount is lower than the insurable value, unless Article 40 An applicant for double insurance shall notify each insurer of If the total insured amount of double insurance exceeds the insurable Double insurance refers to insurance whereby an applicant for double Article 41 If an insurance accident occurs, the insured shall have a duty After the insurance accident occurs, the necessary and reasonable expenses Article 42 Where a partial loss of the subject-matter insured is Article 43 Where an insurer, after the happening of an insurance Article 44 If an insurance accident is caused by damage inflicted by a Where an insured has obtained indemnity from a third party for the loss The right exercised by an insurer for subrogation for indemnity, as Article 45 If an insured, after the happening of an insurance accident If an insured, after being paid insurance by the insurer, waives his claim If, due to the mistake of an insured, the insurer can not exercise a right Article 46 Unless an insured's family member or component person Article 47 When an insurer exercises a right of subrogation against a Article 48 The necessary and reasonable expenses paid by an insurer and Article 49 If an insured of liability insurance causes damage to a third Liability insurance refers to insurance whereby the liability legally held Article 50 If arbitration or legal proceedings are taken against an Section 3 Life Insurance Contract Article 51 A life insurance contract is an insurance contract in which A life insurance contract, unless especially specified, is abbreviated as Article 52 An applicant for insurance has an insurable interest in the (1) principal; (2) spouse, children and parents; and (3) other family members or close relatives than those listed in the With the exception of the provisions in the preceding paragraph, if an Article 53 If the age of an insured declared by an applicant for Because the age of an insured declared by an applicant for insurance is Because the age of an insured declared by an applicant for insurance is Article 54 An applicant for insurance may not, for a person without civil Life insurance effected by parents for their minor children shall not be Article 55 A contract in which death is a prerequisite for payment of An insurance policy issued according to a contract in which death is a Life insurance effected by parents for their minor children shall not be Article 56 An applicant for insurance, after the contract is made, may When a contract stipulates the insurance premium to be paid in Article 57 Where a contract stipulates the payment of the insurance Article 58 After the insurer and the applicant for insurance come to an Where an insurer terminates a contract according to the provisions of the Article 59 An insurer may not claim the payment of insurance premium of Article 60 A beneficiary of life insurance shall be appointed by an When appointing a beneficiary, an applicant for insurance shall meet with If an insured is a person without civil capacity or a person with limited Article 61 An insured or an applicant for insurance may appoint one or If beneficiaries are several, the insured or the applicant for insurance Article 62 An insured or an applicant for insurance may change the When changing a beneficiary, an applicant for insurance shall meet with Article 63 After an insured died, under one of the following (1) without any person appointed as a beneficiary; (2) the beneficiary died earlier than the insured, and there is no other (3) the beneficiary loses the beneficial right according to law or waives Article 64 If an applicant for insurance or a beneficiary intentionally Any beneficiary, who intentionally causes the insured's death, injury or Article 65 Under a contract in which death is the prerequisite for Under a contract in which death is the prerequisite for payment of Article 66 If the insured intentionally commits a crime to cause his Article 67 If the insured of life insurance sustains an insurance Article 68 If an applicant for insurance who has already paid in full the Article 69 An insurance company shall take any of the following (1) limited liability company; or (2) solely state-owned company. Article 70 The establishment of an insurance company shall meet with the Article 71 To establish an insurance company, the following requirements (1) having articles of association in conformity with the provisions of (2) having the minimum amount of registered capital as provided in this (3) having senior managerial personnel with professional knowledge and (4) having perfect organizational structure and management system; and (5) having its business place and other relevant facilities up to the The financial supervision and control department, when examining the Article 72 The minimum amount of registered capital for the establishment The minimum amount of registered capital of an insurance company shall be The financial supervision and control department shall, in accordance with Article 73 At the time of applying for the establishment of an insurance (1) an application for establishment, which shall state the designation, (2) a feasible study report; and (3) other documents and materials required by the financial supervision Article 74 If an application for establishment of an insurance company is (1) articles of association of the insurance company; (2) a list of shareholders and their shares or contributors and their (3) letters of credit and relevant materials of the shareholders who own (4) a verification certificate issued by an authorized capital (5) resumes and qualification certificates of senior managerial personnel (6) guiding principles for management and plan; (7) information about the business place and other facilities relevant to (8) other documents required by the financial supervision and control Article 75 The financial supervision and control department shall, within Article 76 An insurance company approved to be established shall be Article 77 If an insurance company, within six months counted as Article 78 An insurance company shall, after its establishment, draw 20 Article 79 An insurance company shall be subject to the approval of the The branches of an insurance company do not have the status of legal Article 80 The establishment of representative offices of an insurance Article 81 Any of the following modifications of an insurance company (1) change of its designation; (2) change of its registered capital; (3) change of business place of the company or its branch; (4) adjustment of its business scope; (5) split or merger of the company; (6) revision of its articles of association; (7) change of the contributors or shareholders who own 10 percent or more (8) other modifications stipulated by the financial supervision and An insurance company which intends to change the chairman of board or the Article 82 The provisions of the Company Law shall apply to the Article 83 A solely state-owned insurance company shall set up a board of Article 84 Due to its split, merger or the appearance of the cause of Any insurance company which engages in the life insurance business may not Article 85 Any insurance company which violates the law and Article 86 Any insurance company which is unable to pay the debts due Article 87 If an insurance company engaged in life insurance business is Article 88 If an insurance company goes bankrupt according to law, the (1) wages and salaries to its employees in arrears and labour insurance (2) indemnity or payment of the insurance; (3) tax in arrears; and (4) liquidation of the company's debts. If the bankruptcy property is not sufficient to liquidate the liquidated Article 89 Where an insurance company terminates its business activities Article 90 The provisions of the Company Law and other relevant laws and Article 91 The business scope of an insurance company is: (1) property insurance business, including such insurance business as (2) life insurance business, including such insurance business as life The same insurer may not engage in property insurance business and life The business scope of an insurance company shall be checked and ratified The State Council shall formulate the measures of separation of business Article 92 Upon the check and ratification of the financial supervision (1) outward insurance; (2) inward insurance. Article 93 Any insurance company engaged in other insurance business than Article 94 Any insurance company shall draw the outstanding indemnity Article 95 Apart from drawing reserve fund as provided in the preceding Article 96 In order to guarantee an insured's interests and support the The insurance guarantee fund shall be centrally controlled and used with Article 97 Any insurance company shall have minimum solvency which Article 98 The retention insurance premiums of the current year of an Article 99 Each risk unit of an insurance company, that is, the liability Article 100 Any insurance company shall report the method of calculating Article 101 Except life insurance business, an insurance company shall, Article 102 Where an insurance company needs to offer outward Article 103 The financial supervision and control department has the Article 104 The application of funds of an insurance company shall be The application of funds of an insurance company is restricted only to The fund of an insurance company may not be applied to set up securities The concrete proportion of fund applied by an insurance company and the Article 105 Any insurance company and its staff may not commit any of the (1) cheating an applicant for insurance, an insured or a beneficiary; (2) concealing important information relating to insurance contract from (3) preventing an applicant for insurance from performing the obligation (4) promising an applicant for insurance, an insured or a beneficiary a Article 106 Basic insurance clauses and premium rates for main kinds of Insurance clauses and premium rates for other kinds of risks drafted by an Article 107 The financial supervision and control department has the Any insurance company shall accept supervision and inspection according to Article 108 Where an insurance company fails to draw or carry forward (1) drawing or carrying forward various reserve funds according to law; (2) handling reinsurance according to law; (3) correcting its act of the application of fund in violation of law; and (4) changing the person(s) in charge and relevant managerial personnel. Article 109 According to the provisions of the preceding Article, if the The reorganization decision shall state the designation of the insurance Article 110 The reorganization group, in the process of reorganization, Article 111 In the process of reorganization, the original business of Article 112 Where an insurance company, through rectification, has Article 113 Where the payment ability of an insurance company is possibly The aim of the takeover is to take necessary measures for the insurance Article 114 The composition of the takeover group and the measures of Article 115 When the term of takeover expires, the financial supervision Article 116 When the term of takeover expires and the insurance company If the takeover group thinks the property of the insurance company not Article 117 An insurance company shall, within three months counted from Article 118 An insurance company shall, by the end of each month, submit Article 119 An insurance company engaged in life insurance business shall Article 120 An insurer and an insured may invite independent assessment Article 121 An insurance company shall properly keep complete account The period of safekeeping account books, original vouchers and Article 122 An insurance agent refers to a unit or individual that, Article 123 An insurance broker refers to a unit which, for the interests Article 124 An insurer shall assume the responsibility for the acts of an An insurance agent engaging in agency service of life insurance may not Article 125 Where a loss, due to the mistake of an insurance broker, is Article 126 Any insurance agent or any insurance broker, when handling Article 127 Any insurance agent or any insurance broker shall meet the Article 128 Any insurance agent or any insurance broker shall have its Article 129 Any insurance company shall set up a registration book in Article 130 The provisions of Articles 105, 107 and 117 of this Law shall Article 131 Where an applicant for insurance, an insured or a beneficiary (1) an applicant for insurance intentionally fabricates the subject-matter (2) falsifying the happening of an insurance accident which has not (3) intentionally causing an insurance accident which inflicts a loss on (4) intentionally causing a life insurance accident such as death, injury, (5) forging or altering proofs, materials or other evidences relating to Whoever commits one of the acts listed in the preceding paragraph, if the Article 132 Where an insurance company and its employee(s), in insurance Where an insurance company and its employee(s) hinder an applicant for Article 133 Where an insurance agent or an insurance broker cheats an Article 134 Where any employee of an insurance company, taking the Article 135 Whoever, in violation of the provisions of this Law, and Article 136 Any one, in violation of the provisions of this Law, engages Article 137 Where an insurance company, in violation of the provisions of Article 138 Where an insurance company, in violation of the provisions of (1) failing to deposit guarantee fund according to regulations or putting, (2) failing to withdraw or carry forward undue liability reserve fund (3) failing to withdraw insurance guarantee fund and accumulation fund (4) failing to handle outward reinsurance business according to (5) using capital of the insurance company in involution of regulations; (6) setting up branches or representative offices without approval; or (7) splitting or merging without approval. Article 139 Where an insurance company, in violation of the provisions of (1) failing to submit, according to the regulations, relevant reports, (2) failing to submit, according to the regulations, the insurance clauses Article 140 Whoever, in violation of the provisions of this Law, commits (1) providing false reports, statements, documents or materials; or (2) refusing or hindering inspection and supervision carried out according Article 141 Whoever, in violation of the provisions of this Law, commits (1) accepting excess insurance and the circumstances are serious; or (2) accepting insurance in which death is the prerequisite of payment of Article 142 Any one, in violation of the provisions of this Law, Article 143 With respect to the insurance company's senior managerial Article 144 Whoever, in violation of the provisions of this Law, causes Article 145 Whoever approves an application for establishment of an Article 146 If any one of the working personnel of the financial Article 147 The relevant provisions of the Maritime Code shall apply to Article 148 The provisions of this Law shall apply to the establishment Article 149 The state supports the development of the insurance business Article 150 Laws and administrative regulations shall separately Article 151 Those insurance companies which, in accordance with the Article 152 This Law shall enter into force on October 1, 1995.
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Chapter III Insurance Company
Chapter IV Rules of Management of Insurance Business
Chapter V Supervision and Control of Insurance Industry
Chapter VI Insurance Agent and Insurance Broker
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I General Principles
activities, protecting the legitimate rights and interests of the parties to
insurance, strengthening supervision and control over the insurance industry
and bringing about a healthy advance in the insurance business.
insurance action whereby an applicant for insurance, as contracted, pays a
premium to an insurer, and the insurer is obligated to indemnify for the
property damage or loss caused by a possible accident that is agreed upon in
the contract, or to pay insurance when the insured is dead, injured or
disabled, suffers diseases or attains the age or the term agreed upon in the
contract.
territory of the People's Republic of China.
administrative regulations and follow the principle of voluntariness, honesty
and trustworthiness.
an insurance company which is established in accordance with this Law. No
other unit or individual may engage in the commercial insurance business.
the People's Republic of China, when necessary to insure within the territory,
shall make an insurance contract with an insurance company within the
territory of the People's Republic of China.
shall observe the principle of fair competition and may not engage in unfair
competition.
Council shall be responsible for supervising and regulating the insurance
industry in accordance with this Law.
Chapter II Insurance Contract
insurance and an insurer agree the relation of rights and obligations of
insurance.
contract with an insurer and bears the liability to pay the insurance premium,
as contracted.
with applicants for insurance and bears the liability to indemnify or to pay
the insurance.
an insurer shall follow the principles of fairness, mutual benefits, unanimity
through negotiation and voluntariness, and may not harm the social public
interests.
administrative regulations, any insurance company and other unit may not force
other people to make insurance contracts.
in the subject-matter insured.
subject-matter insured, the insurance contract shall be invalid.
insurance has in the subject-matter.
interests, or the life expectancy and human body which serve as insurance
objects.
and an insurer agrees to accept the proposal, and after an agreement on
contract clauses is reached, the insurance contract shall be deemed as
concluded. The insurer shall promptly issue an insurance policy or other
certificates of insurance to the applicant for insurance, and the insurance
policy or other certificates of insurance shall clearly state the contents of
the contract agreed upon by both parties.
insurer may also make an insurance contract by other form of written agreement
than those provided in the preceding paragraph.
insurance shall pay the insurance premium as contracted, and the insurer shall
bear the insurance liability from the time as contracted.
otherwise stipulates, an applicant for insurance may terminate an insurance
contract after its conclusion.
otherwise stipulates, an insurer may not terminate an insurance contract after
its conclusion.
the contents of the contract clauses to the applicant for insurance and may
make inquiries of him about the conditions relating to the subject-matter to
be insured or the person to be insured, and the applicant for insurance shall
really inform thereof.
intentionally to perform the obligation of really informing, or fails to
perform the obligation of really informing due to mistake, and the case is
enough to influence the insurer to decide whether or not to agree to the
insurance or to raise the insurance premium, the insurer has the right to
terminate the insurance contract.
obligation of really informing, the insurer does not bear the liability to
indemnify or to pay the insurance for the insurance accident occurring prior
to the termination of the insurance contract, and does not return the
insurance premium.
really informing due to mistake and the failure has serious influence on the
happening of the insurance accident, the insurer does not bear the liability
to indemnify or to pay the insurance for the insurance accident occurring
prior to the termination of the insurance contract, however, may return the
insurance premium.
insurance liability as contracted.
from liability of the insurer, the insurer shall explain it clearly to the
applicant for insurance when making an insurance contract, if the insurer
fails to explain it clearly, that clause does not take effect.
well as the name and address of the beneficiary to a life insurance policy;
liability;
stipulations on matters and items related to the insurance than those
particulars of the insurance contract as provided in the preceding article.
applicant for insurance and the insurer may, upon agreement through
consultation, modify relevant contents of the insurance contract.
attach a slip on the original insurance policy or other insurance
certificates, or the applicant for insurance and the insurer shall make a
written agreement on such modifications.
applicant for insurance, the insured or the beneficiary shall notify the
insurer of the accident in time.
insurance contract and who has a claim to the insurance. An applicant for
insurance may be an insured.
applicant for insurance in a life insurance contract, has a claim to the
insurance. An applicant for insurance or an insured may be a beneficiary.
insurance contract, for indemnity or payment of insurance after the happening
of an accident insured, an applicant for insurance, an insured or an
beneficiary shall provide to the insurer relevant proofs and materials, as
many as he can, so as to determine the nature and cause of the accident and
the degree of loss of the accident incurred.
according to the stipulations of the insurance contract shall notify the
applicant for insurance, the insured or the beneficiary to submit additional
relevant proofs and materials.
payment of insurance from an insured or a beneficiary, make an examination and
decision in time; as for those within the realm of insurance liability, he
shall perform the liability of indemnity or payment of the insurance within 10
days after coming to an agreement on indemnity or payment of the insurance
with the insured or the beneficiary. If the insurance contract contains the
stipulations on insured amount and the period for indemnity or payment, the
insurer shall, as contracted, perform the liability of indemnity or payment of
the insurance.
liability provided in the preceding paragraph shall indemnify the insured or
the beneficiary for the loss incurred.
performed by an insurer of indemnity or payment of insurance, nor restrict the
right of an insured or a beneficiary to obtain insurance.
undertaken by an insurer of indemnify or payment of insurance.
beneficiary for indemnity or payment of insurance, as for those not belonging
to the realm of the insurance liability, the insurer shall issue a notice of
refusal to indemnify or to make payment of insurance to the insured or the
beneficiary.
payment of insurance within 60 days counted from the date on which the request
for indemnity or payment of the insurance as well as relevant proofs and
materials were received, shall pay the minimum amount which can be determined
by the proofs and materials already received; after determining eventually the
amount of indemnity or payment of the insurance, the insurer shall pay the
corresponding difference.
insured or a beneficiary of any other insurance than life insurance shall, if
not exercised within two years counted from the date of learning about the
happening of an insurance accident, terminate.
of life insurance shall, if not exercised within five years counted from the
date of learning about the happening of an insurance accident, terminate.
insurance accident happens, lies about the happening of an accident and makes
request for indemnity or payment of insurance to the insurer, the insurer has
a right to terminate the insurance contract and does not return the insurance
premium.
causes an insurance accident, the insurer has a right to terminate the
insurance contract, does not bear the liability of indemnity or payment of
insurance and does not return the insurance premium, unless otherwise
specified in Paragraph 1 of Article 64 of this Law.
happening of an insurance accident, fabricates a false cause of the accident
or overstates the loss by forging or altering relevant proofs, materials or
other evidences, the insurer does not bear the liability of indemnity or
payment of insurance for the part fabricated.
the acts mentioned in the preceding three paragraphs and causes the insurer to
make payment of insurance or expenses, shall return the payment or make
compensation.
partially the insurance business undertaken by it to another insurer is called
reinsurance.
information about its self-borne liability and the original insurance to the
reinsurer.
for original insurance.
for indemnity or payment of insurance on an reinsurer.
perform the reinsurance liability, refuse or delay performing the original
insurance liability.
insured or a beneficiary on the contents of an insurance contract, the
people's court or arbitration organ shall make interpretation favorable to the
insured and the beneficiary.
the business and property condition of an applicant for insurance, an insured
or an original insurer, which it has got to know in carrying on the insurance
business.
in which the property and its related interest are the subject-matter insured.
is abbreviated as contract.
the insurer, and with the consent of the insurer to a continuance of
underwriting, the contract shall be modified according to law. However,
contracts of cargo transportation and contracts with otherwise stipulations
shall be excluded.
insurance contract of cargo transportation and a voyage insurance contract of
transport means, the parties to such contracts may not terminate the contracts.
relating to fire fighting, safety, production operation and labour protection
so as to safeguard the safety of the subject-matter insured.
inspection of the safety condition of the subject-matter insured and make a
written suggestion in time of eliminating unsafe factors and hidden dangers to
the applicant for insurance and the insured.
responsibility for the safety of the subject-matter insured as contracted, the
insurer has a right to demand for increase of the insurance premium or to
terminate the contract.
insurer may, with the consent of the insured, take preventive safety measures.
danger of the subject-matter insured increases, the insured shall notify the
insurer in time according to the stipulations of the insurance contract, the
insurer has a right to demand for increase of the insurance premium or to
terminate the contract.
provided in the preceding paragraph, and an insurance accident occurs due to
the increase in the degree of danger of the subject-matter, the insurer does
not bear the liability for indemnity.
stipulated in the contract, an insurer shall lower the insurance premium and
return the corresponding insurance premium per diem:
premium rate was based have changed, and the degree of danger of the
subject-matter insured has obviously reduced; or
prior to the commencement of an insurance liability, he shall pay a service
charge to the insurer and the insurer shall return the insurance premium. If
an applicant for insurance requests to terminate a contract after the
commencement of an insurance liability, the insurer may charge the insurance
premium due from the date of the commencement of the insurance liability to
the date of the termination of the contract, the remains shall be returned to
the applicant for insurance.
agreed on by an applicant for insurance and an insurer and be stated in the
contract, and also be determined according to the actual value of the
subject-matter insured at the time that the insurance accident occurs.
excessive part shall be invalid.
otherwise stipulated in the contract, the insurer shall bear the liability for
indemnity according to the percentage of the insured amount to the insurable
value.
relevant conditions of the double insurance.
value, the total amount of indemnity to be offered by all insurers may not
exceed the insurable value. Unless otherwise stipulated in the contract, each
insurer bears the liability for indemnity according to the percentage of the
insured amount borne by it to the total insured amount.
insurance makes separate insurance contracts with two or more insurers on the
same subject-matter insured, the same insurable interest and the same
insurance accident.
to take as many necessary measures as possible to prevent or minimize the
losses.
paid by the insured in preventing or minimizing the losses of the
subject-matter insured shall be borne by the insurer; the amount on the
insurer's account shall be calculated separately from the indemnity for the
losses of the subject-matter insured, the maximum amount may not exceed the
insured amount.
sustained, the applicant for insurance may terminate the contract within 30
days after the insurer made indemnity; unless otherwise stipulated in the
contract, the insurer also may terminate the contract. The insurer who intends
to terminate the contract shall notify the applicant for insurance 15 days in
advance, and shall return the insurance premium on the undamaged part of the
subject-matter insured to the applicant for insurance after deducting the part
of the insurance premium receivable for the period from the date of the
commencement of insurance liability to the date of the termination of the
contract.
accident, has made full payment of the insured amount, and the insured amount
is equal to the insurable value, all rights of the damaged subject-matter
insured shall belong to the insurer; if the insured amount is lower than the
insurable value, the insurer shall obtain a part of the rights of the damaged
subject-matter insured according to the percentage of the insured amount to
the insurable value.
third party to the subject-matter insured, the insurer may, from the date of
making payment of insurance to the insured, stand in the insured's place and
exercise a right of subrogation to make a claim for indemnity on the said
third party within the limit of indemnity.
after the happening of an insurance accident, as provided in the preceding
paragraph, the insurer may, when making payment of insurance, deduct the
amount which the insured has already obtained from the third party.
provided in the first paragraph, does not affect the right of claim of the
insured against the third party for compensation on the part which has not
been compensated yet.
and before the insurer's making payment of insurance, waives his right of
claim for indemnity against a third party, the insurer does not bear the
liability of indemnity for insurance.
for indemnity against a third party without consent of the insurer, such an
act of waiving shall be deemed as invalid and void.
of subrogation for indemnity, the insurer may deduct and reduce the sum of
insurance indemnity accordingly.
intentionally causes an insurance accident provided in Paragraph 1 of Article
44 of this Law, the insurer may not exercise a right of subrogation for
indemnity on the family member or component person.
third party for indemnity, the insured shall provide necessary documents and
relevant information which he knows.
an insured for the purpose of investigating and determining the nature and
cause of an insurance accident and the degree of losses of the subject-matter
insured shall be borne by the insurer.
party, the insurer may, in accordance with the provisions of laws or the
stipulations in the contract, directly make payment of insurance to the third
party.
by an insured for indemnity to a third party is the subject-matter insured.
insured of liability insurance due to an insurance accident which causes
damage to a third party, unless otherwise stipulated in the contract, the
insurer shall bear the arbitration or proceedings expenses or costs as well as
other necessary and reasonable expenses paid by the insured.
life expectancy and human body serve as the subject-matter insured.
a contract in this Section.
following persons:
preceding items, with whom the applicant for insurance has relations of
fostering, supporting or bringing up.
insured agrees that an applicant for insurance makes a contract for him, it
shall be deemed that the applicant for insurance has an insurable interest in
the insured.
insurance is not true to fact, and the actual age fails to be in conformity
with the age limit as agreed upon in the contract, the insurer may terminate
the contract and return the insurance premium to the applicant for insurance
after deducting the service charge, however, excepting that the contract has
been carried out for more than two years since its conclusion.
not true to fact, and the applicant for insurance pays an insurance premium
less than the insurance premium payable, the insurer has a right to correct it
and demand the applicant for insurance to make up the insurance premium, or
pay insurance according to the percentage of the actually paid insurance
premium to the insurance premium payable.
not true to fact, and the applicant for insurance pays an insurance premium
more than the insurance premium payable, the insurer shall return the excess
to the applicant for insurance.
capacity, effect life insurance, in which insurance is payable at death of the
latter; and an insurer may not accept it.
limited by the provision of the preceding paragraph, however, the total amount
of insurance paid at their death may not exceed the limit stipulated by the
financial supervision and control department.
insurance, without the consent in writing of the insured and his approval to
the insured amount, shall be invalid and void.
prerequisite for payment of insurance, without a written consent of the
insured, may not be assigned or mortgaged.
limited by the provision of the first paragraph.
pay insurance premium in one lump sum to the insurer and also may pay
insurance premium in instalments as contracted.
instalments, the applicant for insurance shall pay the initial payment of
insurance premium when the contract is made, and shall pay the remaining
insurance premium in installments on schedule.
premium to be made in instalments, the applicant for insurance, having paid
the initial instalment of the premium, fails to pay a part payable of the
instalments of the insurance premium beyond 60 days counted as commencing at
the fixed time, unless the contract contains otherwise stipulations, the
validity of the contract shall suspend, or the insurer shall reduce the
insured amount according to the terms stipulated in the contract.
agreement through negotiation and the applicant for insurance makes up the
payment of insurance premium, the validity of the contract, which has
suspended according to the provision of the preceding Article, may be resumed.
However, if both parties fail to come to an agreement in two years counted as
commencing on the date of the suspension of the validity of the contract, the
insurer has a right to terminate the contract.
preceding paragraph, and the applicant for insurance has already paid the
insurance premium in full for two years or more, the insurer shall, according
to the stipulations of the contract, return the cash value of the insurance
policy; if the applicant for insurance has not yet paid in full the insurance
premium for two years, the insurer shall, after deducting the service charge,
return the insurance premium.
life insurance from an applicant for insurance by means of a lawsuit.
insured or an applicant for insurance.
the insured's approval.
civil capacity, his guardian may appoint a beneficiary.
several persons as beneficiaries.
may decide the order of benefit and their shares of benefit; if no share of
benefit is decided, the beneficiaries shall have beneficial interests by the
equal share of benefit.
beneficiary and shall notify the insurer in writing. The insurer shall, after
receiving the notification of the change of the beneficiary, mark it on the
insurance policy.
the insurer's approval.
circumstances, the insurance benefit shall be treated as a legacy of the
insured; and the insurer shall fulfil its liability of payment of the
insurance to the heir of the insured:
beneficiary; and
the beneficial right, and there is no other beneficiary.
causes the insured's death, injury, disability or disease, the insurer does
not bear the liability of payment of insurance. If the applicant for insurance
has already paid in full the insurance premium for two years or more, the
insurer shall, as contracted, return the cash value of the insurance policy
to other entitled beneficiary.
disability, or attempts intentionally to murder the insured, shall lose his
beneficial interest.
payment of insurance, if the insured commits suicide, with the exception of
those provided in the second paragraph of this Article, the insurer is not
liable for payment of the insurance, as for the insurance premium already paid
by the applicant for insurance, however, the insurer shall, according to the
insurance policy, return its cash value.
insurance, after two full years counted as commencing on the conclusion of the
contract, if the insured commits suicide, the insurer may, as contracted, pay
the insurance.
injury, disability or death, the insurer is not liable for the payment of
insurance. If the applicant for insurance has already paid in full the
insurance premium for two years or more, the insurer shall, according to the
insurance policy, return its cash value.
accident as death, injury, disability or disease due to the harm done by a
third party, the insurer, after making the payment of insurance to the insured
or the beneficiary, may not have the right to claim compensation from the
third party.
insurance premium for two years or more terminates the contract, the insurer
shall, within 30 days counted as commencing on the date of receiving the
notification of termination of the contract, return the cash value of the
insurance policy; if the applicant for insurance has not yet paid the
insurance premium for two full years, the insurer shall, after deducting the
service charge as contracted, return the insurance premium.
Chapter III Insurance Company
organizational forms:
approval of the financial supervision and control department.
shall be met:
this Law and the Company Law;
Law;
working experiences qualified for their posts;
requirements.
application for establishment, shall take into account the needs of the
development and fair competition of the insurance industry.
of an insurance company is 200 million Renminbi yuan.
the money capital actually contributed.
the scope of business and the scale of management of an insurance company,
adjust the minimum amount of registered capital of the company; the minimum
amount, however, may not be lower than the amount provided in the first
paragraph.
company, the following documents and materials shall be submitted:
registered capital and business scope of the insurance company planned to be
established;
and control department.
up to the standard through preliminary inspection, the applicant shall then
make preparations for the establishment of the insurance company in accordance
with the provisions of this Law and the Company Law. The applicant being
qualified for the requirements of establishment provided in Article 71 of this
Law, shall submit a formal application form and the following documents and
materials to the financial supervision and control department:
contributions;
10 percent or more of registered capital;
verification organization;
planned to be appointed;
its business; and
department.
six months counted as commencing on the date of receiving the formal
application documents for the establishment of an insurance company, make a
decision to approve or disapprove it.
issued a permit to engage in the insurance business by the department of
approval, and shall, on the strength of the aforesaid permit, go through
registration with the administrative department for industry and commerce, and
receive a business licence.
commencing on the date of receiving a permit to engage in the insurance
business, fails to go through registration of the establishment of a company
without justified reasons, its permit to engage in the insurance business
shall be valid automatically.
percent of its total registered capital for guarantee fund, and deposit in the
bank designated by the financial supervision and control department; the
guarantee fund may not be used except to be used to liquidate debts when the
insurance company is wound up.
financial supervision and control department in establishing branches within
or outside the territory of the People's Republic of China, and shall receive
permits to engage in insurance business for these branches.
person, and their civil liability shall be borne by the insurance company.
company within or outside the territory of the People's Republic of China
shall be subject to the approval of the financial supervision and control
department.
shall be subject to the approval of the financial supervision and control
department:
of the total shares; and
control department.
general manager shall report the financial supervision and control department
for examining his qualifications for the position.
organization of an insurance company.
supervisors, which shall be composed of representatives from the financial
supervision and control department, relevant experts and the staff of the
company and carry out supervision over various reserve fund drawn by the
solely state-owned insurance company, its minimum payment capacity and
increase and maintenance of value of the state-owned property and assets as
well as acts of senior managerial personnel committed in violation of laws,
administrative regulations or the articles of association and acts impairing
the company's interests.
dissolution stipulated in the articles of association and upon the approval of
the financial supervision and control department, an insurance company may be
dissolved. The insurance company shall, according to law, form a liquidation
group to carry out liquidation.
be dissolved except its split or merger.
administrative regulations and the permit of which to engage in the insurance
business is revoked by the financial supervision and control department shall,
according to the law, be liquidated. The financial supervision and control
department shall, according to the law, form a liquidation group to carry out
liquidation.
shall, with the consent of the financial supervision and control department,
be declared bankrupt by a people's court according to law. If an insurance
company is declared bankrupt, the people's court shall form a liquidation
group composing of the financial supervision and control department, other
relevant departments and relevant personnel to carry out liquidation.
dissolved or is declared bankrupt according to law, the life insurance
contracts and reserve fund in its possession shall be transferred to other
insurance companies engaged in life insurance business; if the insurance
company cannot come to an agreement on transfer with other insurance
companies, the financial supervision and control department shall appoint
insurance companies engaged in life insurance business to accept them.
bankruptcy property shall, after being used to pay the bankruptcy expenses in
priority, be distributed according to the following order:
costs;
demands in the same order, it shall be distributed according to a percentage.
according to law, its permit to engage in the insurance business shall be
cancelled.
administrative regulations, in the absence of the provisions in this Law,
shall apply to the matters such as establishment, modification, dissolution
and liquidation of insurance companies.
Chapter IV Rules of Insurance Business Operation
property loss insurance, liability insurance and credit insurance; and
insurance, health insurance and accidental injury insurance.
insurance business concurrently.
by the financial supervision and control department. The insurance company can
only engage in the insurance business activities checked and ratified.
operation as provided in the second paragraph for those insurance companies
which have been set up prior to the enforcement of this Law.
and control department, an insurance company may engage in the following
reinsurance business of the insurance business provided in the preceding
Article:
life insurance business shall draw undue liability reserve fund from the
retention insurance premiums of the current year; the amount drawn and carried
forward shall be equivalent to 50 percent of the retention insurance premiums
of the current year. Any insurance company engaged in life insurance business
shall draw undue liability reserve fund according to the total net value of
valid life insurance policies.
reserve fund in accordance with the amount of insurance indemnity or payment
already claimed, as well as the amount of insurance indemnity or payment not
yet claimed but an insurance accident already happened.
two Articles, any insurance company shall, in accordance with the provisions
of relevant laws, administrative regulations and the state's financial
accounting system, draw the accumulation fund.
steady and health management of an insurance company, any insurance company
shall, according to the regulations of the financial supervision and control
department, deposit the insurance guarantee fund.
all-round consideration.
matches with its business scale. The difference between the actual assets and
actual debts of the insurance company may not be lower than the amount
stipulated by the financial supervision and control department; if the amount
is lower than the amount stipulated, the insurance company shall increase its
capital to make up the difference.
insurance company engaged in property insurance business may not exceed four
times of the combined total of its actual capital and accumulation fund.
for the maximum loss scope possibly to be caused by an insurance accident, may
not exceed 10 percent of the combined total of its actual capital and
accumulation fund; the excess shall effect reinsurance.
risk units and the plan to arrange catastrophe risk to the financial
supervision and control department and apply to it for check and ratification.
in accordance with the state's regulations, handle reinsurance for 20 percent
of each insurance business it accepts.
reinsurance, it shall give priority to insurance companies within the
territory of China.
authority to restrict or forbid insurance companies to offer outward
reinsurance business to insurance companies outside the territory of China, or
to accept inward reinsurance business from outside the territory of China.
safe, follow the safety principle, and guarantee to increase and maintain the
value of its assets.
bank deposit, trading of government bonds and financial bonds and other forms
of application of funds stipulated by the State Council.
management organizations or to invest in enterprises.
fund for concrete projects to its total fund shall be stipulated by the
financial supervision and control department.
following acts during insurance business activities:
an applicant for insurance;
of really informing provided in this Law, or inducing him not to perform the
obligation of really informing provided in this Law; or
premium rebate, or other interests beyond the stipulations of the insurance
contract.
Chapter V Supervision and Control of Insurance Business
risks of commercial insurance shall be provided by the financial supervision
and control department.
insurance company shall be reported to the financial supervision and control
department for record.
authority to inspect the business condition, the financial condition and the
condition of application of fund of an insurance company, and has the
authority to require an insurance company to submit relevant written reports
and materials within a specified time limit.
law.
various reserve funds according to the provisions of this Law, or fails to
handle reinsurance according to the provisions of this Law, or seriously
violates the provisions of this Law on the application of funds, the financial
supervision and control department shall order the said insurance company to
take the following measures to correct its mistakes within the specified time
limit:
financial supervision and control department having made a decision of
correction within a specified time limit, the insurance company fails to make
correction within the specified time limit, this department shall decide to
select professional persons in the insurance business and appoint relevant
personnel from the said insurance company to form a reorganization group to
reorganize the said insurance company.
company to be reorganized, the cause for reorganization, the reorganization
group, and the period of reorganization, and shall be announced publicly.
has the authority to supervise the said insurance company's daily affairs. The
persons in charge and relevant managerial personnel of the said insurance
company shall exercise their functions and powers under the supervision of the
reorganization group.
the insurance company may continue, however, the financial supervision and
control department has the authority to ban any new business or to suspend
part of the original business and to adjust the application of fund.
already corrected its acts violating this Law and resumed its original state
of operation, the reorganization shall, after the submission of a report by
the reorganization group and with approval of the financial supervision and
control department, come to an end.
endangered seriously or has been already endangered, because the insurance
company violates the provisions of this Law and infringes the social public
interests, the financial supervision and control department may take over the
said insurance company.
company taken over so as to protect the insured's interests and restore the
normal operation of the said insurance company. The relation between the
obligatory right and the debts of the insurance company taken over shall not
change due to the takeover.
implementation for takeover shall be decided by the financial supervision and
control department and shall be announced publicly.
and control department may decide to extend the term, however, the longest
term of takeover may not exceed two years.
has restored its normal operation ability, the financial supervision and
control department may decide to terminate the takeover.
sufficient to liquidate its debts, with approval of the financial supervision
and control department, it shall, according to law, apply to a people's court
for declaration of bankruptcy of the said insurance company.
the end of each fiscal year, submit its business report, financial accounting
statements and relevant statements of the previous year to the financial
supervision and control department, and promulgate them according to law.
its business statistics report of last month to the financial supervision and
control department.
engage professional actuaries approved by the financial supervision and
control department, and establish an actuarial reporting system.
organizations established according to law, or engage experts with statutory
qualifications to carry out assessment and appraisal of an insurance accident.
books, original vouchers and certificates as well as relevant materials about
its business operation activities.
certificates as well as relevant materials provided in the preceding paragraph
may not be shorter than 10 years counted from the date of the termination of
the insurance contract.
Chapter VI Insurance Agent and Insurance Broker
according to the commission of an insurer, collects commission fees from the
insurer and handles insurance business on behalf of the insurer within the
limits of commission.
of an applicant for insurance, provides intermediary service for the applicant
for insurance and an insurer to make an insurance contract and collects
brokerage according to law.
insurance agent in handing the insurance business on behalf of the insurer
according to the authorization.
accept commission from two or more insurers concurrently.
caused to an applicant for insurance or an insured, the insurance broker shall
bear the liability for indemnity.
insurance business, may not take the advantage of its administrative power,
position or occupation as well as other unfair means to force, induce or
restrict an applicant for insurance to make an insurance contract.
qualification requirements stipulated by the financial supervision and control
department, obtain a permit to engage in the insurance agency service or a
permit to engage in the insurance brokerage service issued by the financial
supervision and control department, go through registration with the
administrative department for industry and commerce, receive a business
licence and deposit guarantee fund or buy a professional liability insurance
policy.
own business place, set up special books to enter revenue and expenditure of
insurance agency service or insurance brokerage service, and accept the
supervision of the financial supervision and control department.
which its insurance agents are entered.
apply to the insurance agent and the insurance broker.
Chapter VII Legal Responsibility
commits one of the following acts, carrying out activities of insurance
deceit, which constitutes a crime, criminal responsibility shall be
investigated according to law:
insured so as to defraud of the insurance;
occurred so as to defraud of the insurance;
property so as to defraud of the insurance;
disability or disease of the insured so as to defraud of the insurance; or
the insurance accident, or instigating, inducing or paying others to provide
false proofs, materials or other evidences, fabricating false causes, or
exaggerating the degree of losses so as to defraud of the insurance.
circumstances are minor and the act does not constitute a crime, shall be
given administrative penalties according to relevant regulations of the state.
business, conceal important information relating to an insurance contract,
cheat an applicant for insurance, an insured or a beneficiary, or refuse to
perform the liability of indemnity or payment of insurance as contracted and
this act constitutes a crime, criminal responsibility shall be investigated
according to law; if no crime is constituted, the financial supervision and
control department shall impose a fine of from 10,000 yuan to 50,000 yuan on
the said company, and give the employee(s) having violated the law
disciplinary sanctions and impose a fine below 10,000 yuan concurrently.
insurance from performing the obligation of really informing or induce an
applicant for insurance into not performing the obligation of really
informing, or promise an applicant for insurance, an insured or a beneficiary
of offering illegal insurance premium rebate or other interests, the financial
supervision and control department shall order them to correct and impose a
fine of from 10,000 yuan to 50,000 yuan on the said company, and take
disciplinary sanctions against the employee(s) having violated the law and
impose a fine below 10,000 yuan concurrently.
applicant for insurance, an insured or a beneficiary, during business
activities, the financial supervision and control department shall order it to
correct, and impose thereon a fine of from 10,000 yuan to 50,000 yuan
concurrently; if the circumstances are serious, the financial supervision and
control department shall revoke its permit to engage in insurance agency
service or its permit to engage in insurance brokerage service. If a crime is
constituted, criminal responsibility shall be investigated according to law.
advantage of duties, intentionally fabricates an insurance accident not
occurred and makes false indemnity so as to defraud of insurance, criminal
responsibility shall be investigated according to law.
without approval, establishes an insurance company or engages in illegally
commercial insurance business activities, shall be investigated for criminal
responsibility according to law, and the financial supervision and control
department shall ban this illegal operation. If the circumstances are minor,
and no crime is constituted, administrative penalties shall be given against
him.
in the insurance business beyond the business scope checked and ratified, the
financial supervision and control department shall order him to correct and to
return the insurance premium already collected, and confiscate his illegal
gains, if he has such illegal gains, and imposed a fine of from one time to
five times of the illegal gains concurrently; if he has no illegal gains, the
department shall impose a fine of from 100,000 yuan to 500,000 yuan on him; if
he fails to make correction beyond the specified time limit, and causes
serious consequences, the department shall order him to suspend his business
for rectification or revoke his permit to engage in the insurance business.
this Law, makes unauthorized changes of such matters as the company's
designation, articles of association, registered capital or business place of
the company or its branch, the financial supervision and control department
shall order it to make correction and impose a fine of from 10,000 yuan to
100,000 yuan on it concurrently.
this Law, commits one of the following acts, the financial supervision and
control department shall order it to make correction, and impose a fine of
from 50,000 yuan to 300,000 yuan on it concurrently; and if the circumstances
are serious, the financial supervision and control department may restrict the
company's business scope and order it to stop accepting new business or revoke
its permit to engage in the insurance business:
in violation of regulations, the guarantee fund to use;
according to regulations or failing to withdraw outstanding loss reserve
according to regulations;
according to regulations;
regulations;
this Law, commits one of the following acts, the financial supervision and
control department shall order it to make correction and impose a fine of from
10,000 yuan to 100,000 yuan if the company fails to make correction within the
specified time limit:
statements, documents and materials; or
and insurance premium rates of the planned kinds of risks for the record.
one of the following acts, shall be ordered to make correction and imposed a
fine of from 100,000 yuan to 500,000 yuan by the financial supervision and
control department:
to law.
one of the following acts, shall be ordered to make correction and imposed a
fine of from 50,000 yuan to 300,000 yuan by the financial supervision and
control department:
insurance for a person without civil capacity.
illegally engages in insurance agency service or insurance brokerage service
without receiving a permit to engage in the insurance agency service or a
permit to engage in the insurance brokerage service, the financial supervision
and control department shall declare a ban on his business, confiscate his
illegal gains and impose on him a fine of from five to ten times of his
illegal gains. If a crime is constituted, criminal responsibility shall be
investigated according to law.
personnel and other persons being directly responsible for the act which
violates the provisions of this Law but does not constitute a crime, the
financial supervision and control department shall, according to the specific
circumstance, give a warning, order to replace those persons or impose a fine
of from 5,000 yuan to 30,000 yuan.
damage or loss to others, shall bear civil responsibility according to law.
insurance company which fails to meet the requirements for establishment
provided in this Law or approves an application for insurance agent or
insurance broker which fails to meet the requirements for agency or brokerage,
shall be given disciplinary sanctions; if the circumstances are serious and a
crime is constituted, criminal responsibility shall be investigated according
to law.
supervision and control department, in exercising supervision and control over
the insurance business, abuses his duty and power, practices favoritism for
personal gains or neglects his duty of office and his act constitutes a crime,
criminal responsibility shall be investigated according to law; if no crime is
constituted, disciplinary sanctions shall be given thereto.
Chapter VIII Supplementary Provisions
marine insurance; and in absence of the provisions in the Maritime Code, the
relevant provisions of this Law shall apply.
of insurance companies with foreign investment, or branch companies of
foreign insurance companies within the territory of China; the provisions
separately provided by other laws and administrative regulations shall apply.
which serves agricultural production. Agricultural insurance shall be provided
separately by laws and administrative regulations.
institute regulations on insurance organizations of other nature than those
insurance companies provided by this Law.
regulations of the State Council, were ratified to be established prior to the
enforcement of this Law, shall continue to remain. Among them, those which
fail to meet completely the requirements provided by this Law shall come up to
such requirements within a prescribed time limit. The State Council shall
formulate the concrete measures.
URL: http://www.asianlii.org/cn/legis/cen/laws/il128