適合性原則下保險銷售規制的體系優化

不當保險銷售甚囂塵上，折射出保險說明義務主導下我國保險銷售規制的結構性問題。為此，保險監管部門逐步引入適合性原則，但其規範內涵尚未實現保險化轉換，規制效能有限。適合性原則首先應作用於積極的銷售行為，關注投保人的風險分散需要能否經由銷售獲得合理配置，這使建議義務成為銷售流程的核心，說明義務則回歸形式性本位。消極的銷售行為規制亦隨之改良，信息質量管控型規制嵌入可接受性標準，銷售流程適正型規制以維護自主決定為核心，可回溯管理制度轉向關鍵流程控制。保險適合性原則融貫主體規制，重構銷售人員適格性標準，並使銷售組織管理義務向適當性管理延伸。相應地，銷售主體多元化下，不當銷售行為在保險人與保險代理人之間的責任承擔宜由連帶責任整合。

Improper insurance sales are widespread, reflecting structural problems in China's insurance sales regulation, which has long been dominated by the insurer's duty of disclosure. In response, insurance regulatory authorities have gradually introduced the principle of suitability; however, its normative content has not yet been fully adapted to the insurance context, and its regulatory effectiveness remains limited. The principle of suitability should first operate with respect to active sales conduct, focusing on whether the policyholder's need for risk diversification can be reasonably allocated through the sales process. This requires the duty to provide advice to become the core of the sales procedure, while the duty of disclosure returns to its formal and ancillary role. The regulation of passive sales conduct should likewise be improved: information-quality-oriented regulation should incorporate standards of acceptability, process-oriented regulation should center on safeguarding autonomous decision-making, and traceability management mechanisms should shift toward control over key stages of the sales process. The insurance suitability principle should also integrate subject-based regulation, reconstructing the qualification standards for sales personnel and extending the management obligations of sales organizations toward suitability management. Correspondingly, under the diversification of sales entities, liability for improper sales conduct should be consolidated into joint and several liability between insurers and insurance agents.