投资连结保险的监管路径及其审思  

TheRegulation Approach of Investment-linked Insurance and the Reflection on It

作　　者：李游 

机构地区：[1]北京航空航天大学法学院

出　　处：《清华法律评论》2022年第1期144-169,共26页Tsinghua Law Review

摘　　要：原保监会投资连结保险监管权的形成存在特殊的时势和成因。其对投连险的监管,主要是通过采取类似证券投资基金的信息披露的思路以及严格的销售监管等方式。这些方式是对投连险证券属性的实质认可,以及对大规模退保事件后的教训总结。但是,原保监会在对投连险证券属性的认识上举棋不定,监管规则存在诸多自相矛盾的地方。这种监管现状是由于投连险作为新型复合型金融产品,打破传统“分业经营、分类管理”原则,而导致的监管不足。就监管的改进而言,投连险的监管应当是以功能监管、行为监管理念为导向,实现强化投保人等金融消费者倾斜保护和金融风险防范的目标。There were special trend of the times and causes in the formation of the regulatory power the former CIRC had over the investment-linked insurance(ILI).The regulation of the former CIRC over ILI was realized mainly through the adoption of the line of thought similar to the information disclosure for securities investment funds,as well as strict sales supervision and other measures.Those measures were considered as an essential recognition of the securities attributes the ILI has and a lesson drawn out from the“large scale policy surrender”incident.However,since there was an ambivalent understanding of the securities attributes the ILI has by the former CIRC,many self-contradicting points could be found in its regulation rules on ILI.The current situation is an inadequate regulation resulted from the break of the traditional principle of“separate operation and classified management”by ILI,as a new composite financial product.In terms of the improvement of its regulation,the regulation of the ILI should be oriented toward the functional and behavioral regulations,thus to realize the goal of enhancing the inclined protection of the financial consumers represented by policyholders and the prevention of financial risk.

关 键 词：投资连结保险 监管权 监管思路 金融消费者 

分 类 号：D922.28[政治法律—经济法学]