论文部分内容阅读
洪灾保险制度的构建有利于减轻国家财政负担,分担由洪水灾害所造成的巨大损失,在最大程度上补偿受灾人的财产损失。构建洪灾保险的法律路径不仅有助于实现上述目的,且是对当前国家政策呼吁和现实风险社会的回应。其立法形式应当逐步推进,由试点规则到成为《保险法》中巨灾保险篇章的组成部分;其基本运营路径应当由政府和保险人在各司其职的同时联合协作,共同有效的推进洪灾保险制度的落实;在事前构建联合巨灾保险基金制度,保证资金流动性以应对洪灾风险的即时性;在投保时实施强制基础保险加浮动的自愿机制,照顾不同种类风险承担者的现实需要,最后应建立洪灾保险的公估人机制,保障洪灾保险制度的后期实施。
The construction of the flood insurance system is conducive to reducing the financial burden on the state, sharing the huge losses caused by the flood disaster and compensating the affected people for their property losses to the maximum extent. Building a legal approach to flood insurance will not only help achieve these goals, but also respond to the current national policy appeals and the real-risk society. Its legislative form should be gradually promoted from the pilot rules to become an integral part of the catastrophe insurance chapter of the Insurance Law; its basic operation route should be jointly operated by the government and the insurer in their respective functions, and jointly and effectively promote flood insurance The implementation of the system; the establishment of a joint catastrophe insurance fund system in advance to ensure that the liquidity of funds to cope with the flood risk of real-time; when applying for insurance compulsory basic insurance plus the voluntary mechanism to take care of the different needs of the actual needs of stakeholders, and finally The mechanism of public finder of flood insurance should be established to ensure the later implementation of flood insurance system.