論中國大陸保險監管的方式──以強化對保險條款的事前規制為視角

On the Way of Insurance Supervision in Mainland China: From the Perspective of Strengthening the Ex-ante Regulation of Insurance Clauses

儘管各國保險法都對保險人課以說明義務以消除保險條款的格式性所帶來的交易不平等，但在經濟利益的驅動下，期待保險人純依自律以平衡與被保險人的交易能力無疑緣木求魚，於此，他律的監管手段具備了存在的客觀性與合理性。在借鑑他國經驗的基礎上，中國大陸的保險監管取得了初步成效。從保險監管方式上看，採用間接監管和直接監管雙管齊下，一為對保險條款進行事前規制，以彌補說明義務履行缺陷；二為解決保險條款專業化製造的晦澀性，以提升被保險人對保險產品的認知能力。

Although the insurance laws of countries have imposed an obligation of explanation on the insurer to eliminate the trading inequality caused by the format of the insurance clauses, driven by economic interests, expecting the insurer to balance the trading capacity with the insured purely by selfdiscipline is undoubtedly futile. Thus, the supervision means of heteronomy have possessed the characteristics of objective and reasonable. On the basis of learning from the experience of other countries, insurance supervision in China has achieved initial success. Judging from the modes of insurance supervision, the pattern of indirect supervision and direct supervision existing at the same time can achieve two goals, one is that can make up for the deficiencies in the performance of the obligation of explanation by the ex-ante regulation for insurance clauses; the other is that can solve the obscure of the insurance clauses caused by its specialization, and promote the cognitive abilities of the insured for the insurance products.