People's Republic Of China Insurance

Original Language Title: 中华人民共和国保险法

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(October 28, 2002 adopted at the 30th session of the Standing Committee of the ninth People's Republic of China President to 78th release since as of January 1, 2003) ninth meeting of the 30th session of the national people's Congress Standing Committee decided on the People's Republic of China Insurance Act as follows: first, the fourth amendment: "engaging in insurance activities shall abide by the laws and administrative regulations, respect social ethics, follow the principle of voluntariness. "Second, the addition of an article, as the article fifth:" insurance activity parties exercising their rights and performing their duties shall follow the principle of good faith. "Article three, eighth to the Nineth and amended as:" the insurance supervision and Administration Department under the State Council in accordance with this law is responsible for the supervision and administration of the insurance industry.     "And to the relevant provisions in the" financial supervision and regulation Department "amended to read" insurance regulatory bodies. " Four, and 23rd article to 24th article, first paragraph modified for: "insurer received was insurer or beneficiaries of compensation or payment insurance of requests Hou, should timely made approved, and will approved results notification was insurer or beneficiaries; on belongs to insurance responsibility of, in and was insurer or beneficiaries reached about compensation or payment insurance amount of agreement Hou 10th within, perform compensation or payment insurance obligations. Insurance contract have agreed on the amount and duration of compensation or payment, the insurer shall, in accordance with the terms of the contract of insurance the obligations of compensation or insurance obligation. "Five, 31st to 32nd and amended as:" the insurer or reinsurance Acceptor to know Transact insurance business in the policyholder, the insured, the beneficiary or the Cedant's business and assets and privacy and confidentiality obligations. "Six, 67th to 68th and amended as:" life insurance the insured occurs due to act of a third party death, injury or sickness insurance, the insurer after the insurance payment to the insured or the beneficiary, shall not enjoy the right of recourse to a third party. But to third parties by the insured or the beneficiary has the right to claim compensation. "Seven, 87th, 88th instead, an additional paragraph, second paragraph:" transfer or specified by the insurance supervision and Administration Department accept the provisions of the preceding paragraph of the life insurance contract and reserves, and shall safeguard the legitimate rights and interests of the insured, beneficiary. "Eight changes, 91st 92nd, the second paragraph is amended as:" the same insurer may not at the same time diversified into property and casualty insurance business and the life insurance business, but business of property and casualty insurance company approved by the insurance supervision and Administration Department, could run a short-term health insurance and accident insurance. "The fourth paragraph as follows:" insurers could not run this law and other laws, administrative regulations, and other businesses.     "Nine, 93rd 94th instead and be amended as:" insurance companies should be based on principles of protecting the interests of the insured, to ensure the solvency of the extracted reserves. "Insurance companies extracting and carry-over reserve the specific measures shall be formulated by the insurance supervision and Administration Department. "Ten changes, 96th 97th article, one paragraph is added as a third paragraph:" the insurance guarantee fund management uses the specific measures shall be formulated by the insurance supervision and Administration Department. "Third, 101th read 102th and amended as:" the insurance company shall, in accordance with the relevant provisions of reinsurance of the insurance supervision and Administration Department. "Article 12, 104th, 105th instead, the third paragraph is amended as:" the funds of an insurance company shall not be used for the establishment of securities institutions, shall not be used for other than insurance companies. "Article 13, 105th to 106th, increase, as the fifth item:" (e) deliberately fabricate insurance incident never make false claims to defraud. "Article 14, 106th to 107th and amended as:" the public interest insurance, compulsory insurance by law the insurance and new development of life insurance and other insurance clauses and insurance rates, shall be submitted to insurance supervision and Administration Department for approval. When the insurance regulatory authority for approval, following the principle of protecting the public interest and the prevention of unfair competition.     Approving the scope and specific measures formulated by the insurance supervision and Administration Department. "Other insurance clauses and insurance rates, shall be submitted to insurance supervision and Administration Department for record. "XV and the addition of an article, as the article 108th:" insurance supervision and Administration Department shall establish a sound index system of insurance company solvency regulation, minimum solvency monitoring of insurance company. "Article 16, 107th to 109th, one paragraph is added as a third paragraph:" the right to access insurance company the insurance regulatory authority of deposits in financial institutions. "Article 17, 119th read 121th and amended as:" the insurance company must employ actuarial professionals recognized by the insurance supervision and Administration Department, establish an actuarial reporting system. "18, the addition of an article, as the 122th" insurance company business reports, financial reports, actuarial reports and other reports, documents and information relating to truthfully record insurance issues, may not have any false record, misleading statements and material omissions. "Article 19, 120th read 123th, an additional paragraph, second paragraph:" legally retained to appraisal and evaluation assessment of the accident insurance institutions and experts, he shall impartially carried out its business. Wilfully or negligently damages are caused to the insured or the insured shall bear liability. "The addition of a paragraph, as paragraph:" legally retained to assess the insurance accident and the identification of assessment fees, shall be in accordance with the laws and administrative rules and regulations. "20, add one, as the 127th:" commissioned insurance agents insurance business on behalf of the insurer shall be agency agreement with the insurance agent, the law stipulated the rights and obligations of the parties and other proxy matters. "Article 21, 124th to 128th, an additional paragraph, second paragraph:" insurance agent for insurance business on behalf of the insurer, beyond the agent acts, the insured person has reason to believe that the proxy and enter into an insurance contract, the insurer shall assume insurance responsibility; however, the insurer can unauthorized insurance agent responsibilities shall be affixed. "The second paragraph of article 22, the 124th to 129th and amended as:" the individual insurance agents to conduct life insurance business, the delegate shall not accept more than two insurers. "23, and 126th article to 131th article, modified for:" insurance agent, and insurance brokers in handle insurance business activities in the shall not has following behavior: "(a) cheat insurer, and policyholders, and was insurer or beneficiaries;" (ii) hide and insurance contract about of important situation; "(three) hinder policyholders perform this method provides of truthfully told obligations, or induced its not perform this method provides of truthfully told obligations;" (four) commitment to policyholders, and Insurance contract the insured or the beneficiary interests other than "(v) use of administrative power, position or career facilitation, and other illegal means to force, induce or restrict the insured enters into an insurance contract. "24, the addition of an article, as the 134th:" insurance agency commissions and brokerage fees, only to pay ineligible for insurance agents, insurance brokers, shall not be paid to others. "25, the addition of an article, as the 136th:" insurance companies should enhance training for insurance agents and management, improve the quality of professional ethics and business insurance agent shall not solicit, misled the activities of insurance agents for breach of fiduciary duty. "26, and 131th article to 138th article, modified for:" policyholders, and was insurer or beneficiaries has following behavior one of, for insurance fraud activities, constitute crime of, law held criminal: "(a) policyholders deliberately fictional insurance standard of, cheat insurance of;" (ii) not occurred insurance accident and lied about occurred insurance accident, cheat insurance of; "(three) deliberately caused property loss of insurance accident, cheat insurance of;" (four) deliberately caused was insurer death, and     Injury or sickness insurance accident to defraud "(v) counterfeiting, altering and insurance certificates, information and evidence relating to the accident, or ordered, abetted or bribing others to provide false evidence, information or other evidence, fabricating false accident or overstates the extent of the loss to defraud. "One of the acts listed in the preceding paragraph, minor, does not constitute a crime, administrative penalties in accordance with the relevant provisions of the State. "27, and 132th article to 139th article, modified for:" insurance company and staff in insurance business in the hide and insurance contract about of important situation, cheat policyholders, and was insurer or beneficiaries, or refused to perform insurance contract agreed of compensation or payment insurance of obligations, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions on insurance company sentenced 50,000 yuan above 300,000 yuan following of fine; on has violations of staff,     A fine of 20,000 yuan and 100,000 yuan fine in serious cases, limit the scope of insurance company or be ordered to stop accepting new business. "Insurance company and staff hinder policyholders perform truthfully told obligations, or induced its not perform truthfully told obligations, or commitment to policyholders, and was insurer or beneficiaries give illegal of premium rebate or other interests, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, on insurance company sentenced 50,000 yuan above 300,000 yuan following of fine; on has violations of staff, sentenced 20,000 yuan above 100,000 yuan following of fine In serious cases, limit the scope of insurance company or be ordered to stop accepting new business. "28, and 133th article to 140th article, modified for:" insurance agent or insurance brokers in its business in the cheat insurer, and policyholders, and was insurer or beneficiaries, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, and sentenced 50,000 yuan above 300,000 yuan following of fine; plot serious of, revoked business insurance agent business license or brokers business license. "Article 29, 134th read 141th, amended to read:" insurance companies insurance accident and his staff have intentionally not making false claims to defraud, constitutes a crime, criminal responsibility shall be investigated according to law. "30, and 135th article to 142th article, modified for:" violation this method provides, unauthorized established insurance company or illegal engaged in commercial insurance business activities of, by insurance supervision management institutions be banned; constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 200,000 yuan of, sentenced 200,000 yuan above 1 million Yuan following of fine. "31, and 136th article to 143th article, modified for:" violation this method provides, beyond approved of business range engaged in insurance business or and camp this method and the other legal, and administrative regulations provides yiwai of business, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, ordered returned charged of premium, confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above five times times following of fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, Sentenced to between 100,000 yuan and 500,000 yuan of fine fails or serious consequences, closed for rectification or revoke the permit to operate insurance business. "Article 32, 138th to 145th, second is revised as follows:" (b) failing to draw or carry down various reserves or not in accordance with the provisions of outstanding loss reserves "; an additional, as the eighth item:" (VIII) not shall be submitted for approval pursuant to the provisions of the insurance the insurance clauses and premium rates for approval. "Article 33, 139th to 146th, second is revised as follows:" (b) is not in accordance with the provisions that shall be submitted for record types of insurance clauses and premium rates for the record. "34, and 140th article to 147th article, modified for:" violation this method provides, has following behavior one of, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, sentenced 100,000 yuan above 500,000 yuan following of fine; plot serious of, can limit business range, and ordered stop accept new business or revoked business insurance business license: "(a) provides false of report, and report, and file and information of;" (B) refuse or obstruct the inspection and supervision. "35, and 142th article to 149th article, modified for:" violation this method provides, not made business insurance agent business license or brokers business license, illegal engaged in insurance agent business or brokers business activities of, by insurance supervision management institutions be banned; constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above five times times following of fine, No illegal income or the illegal income is less than 100,000 yuan and fined 100,000 yuan and 500,000 yuan fine. "36, 143th read 150th and amended as:" acts contrary to the provisions of this law, does not constitute a crime are directly responsible for insurance company executives and other personnel, insurance regulatory bodies may be warned in different circumstances, shall be ordered to be removed, a fine of 20,000 yuan and 100,000 yuan fine. "37, and 145th article, and 146th article merged for a article, as 152th article, modified for:" on not meet this method provides conditions of established insurance company of application be approved, or on not meet insurance agent, and insurance brokers conditions of application be approved, or has abuse, and negligence of other behavior, constitute crime of, law held criminal; is not constitute crime of, law give administrative sanctions. "Article 38, 148th to 154th, is revised as follows:" Sino-foreign joint venture insurance companies, foreign-owned insurance companies, branch of a foreign insurance company shall be governed by provisions stipulated by laws and administrative regulations, to apply its provisions.     "In addition, under the provisions of this decision on the part of the text be amended accordingly and the provisions of the order shall be adjusted accordingly.     This decision shall enter into force on January 1, 2003.     People's Republic of China insurance law be revised according to this decision, republished.       Attachment: People's Republic of China Insurance Act (2002 revised edition) (June 30, 1995 session of the Standing Committee of the national people's Congress, adopted at the 14th session of October 28, 2002, the 30th meeting of the Standing Committee of the ninth the modification of People's Republic of China decision to amend the Insurance Act) contents chapter I General provisions chapter II section II section I General provisions of the contract of insurance property insurance contract Fourth chapter III of section III of the life insurance contract insurance companies rule the fifth chapter of the insurance business supervision and management of the sixth chapter of the insurance industry the insurance agents and insurance brokers chapter seventh eighth chapter legal liability annex chapter I General provisions article in order to standardize insurance activities, protecting the legitimate rights and interests of the parties, strengthening supervision and regulation of the insurance industry, insurance     The healthy development of my career, this law is enacted.     Insurance referred to in article II of this law refers to the applicant according to the contract, pay the premium to the insurer, the insurer contracts possible accident compensation for losses of property caused by its insurance liabilities, or when the insured person's death, disability, illness or at the contract's age, time the responsibility of insurance business insurance.     Article in the People's Republic of China engaged in insurance activities, this law shall apply.     Fourth engaged in insurance activities shall abide by the laws and administrative regulations, respect social ethics, follow the principle of voluntariness.     Fifth insurance the parties to exercise rights and perform obligations shall follow the principle of good faith. Sixth business business insurance business, insurance companies must be established in accordance with this law.     Other entity or individual may engage in the commercial insurance business.     Seventh article in the People's Republic of China territory of legal persons and other organizations need to go through the territory of insurance shall be made to the People's Republic of China territory of insurance.     Eighth insurance companies operate, shall follow the principle of fair competition, not to engage in unfair competition.     The Nineth insurance supervision and Administration Department under the State Council in accordance with this law is responsible for the supervision and administration of the insurance industry.     Chapter II section I General provisions article tenth insurance contracts insurance contract the insured and the insurer agreed insurance rights and obligations of the agreement.     The applicant refers to enter into an insurance contract with the insurer and who is liable to pay premiums under the insurance contract.     An insurer refers to insurance contracts with policyholders, and the responsibility of compensation or payment of insurance insurance company.     11th the applicant enters into an insurance contract with the insurer, should follow the principles of fairness and mutual benefit, consensus and voluntary, must not harm the social and public interests.     In addition to provisions of laws and administrative regulations must be insured, insurance companies and other institutions must not force others to enter into an insurance contract.     12th the applicant to have an insurable interest in the insured.     An applicant for insurance does not have an insurable interest in the subject of insurance contract invalid.     Insurable interest refers to legal recognition of the applicant on the subject of interest.     Insurance object was defined as a property of the object of insurance and related interests, or human life and health. 13th the applicant requests insurance, the insurer agrees to underwrite, and reached agreement on the terms of the contract, insurance contract.     The insurer shall issue an insurance policy or other insurance certificates to the applicant in a timely manner, and in the insurance policy or other insurance certificates set out in the contract as agreed upon by the parties.     By the policyholder and the insurer agrees, you can also take the form of written agreements other than those prescribed in the preceding paragraph enters into an insurance contract.     14th after the establishment of an insurance contract, the insured person in accordance with the contract the premium; the insurer began to assume insurance responsibility for the appointment.     15th unless otherwise herein provided or otherwise specified in the insurance contract, after the insurance contract, the insured may terminate the contract.     16th unless otherwise herein provided or otherwise specified in the insurance contract, after the insurance contract, the insurer shall not terminate the contract.     17th enter into an insurance contract, the insurer shall indicate to the applicant the insurance contract provisions and on the insured or the insured's information raised questions, the insured person shall truthfully informed.     Policyholder intentionally concealing facts, fails to perform the obligation, or negligently fails to perform the obligation will impact insurers decide whether to agree to underwrite, or raise the insurance premium, the insurer has the right to terminate the contract.     Applicant intentionally fails to perform the obligation, the insurer for the insurance insurance accident occurring prior to the termination of the contract, does not assume responsibility for compensation or payment of insurance, did not return the premiums paid.     Insured negligently fails to fulfil the obligation, have a serious impact on the occurrence of the insured, the insurer for the insurance insurance accident occurring prior to the termination of the contract, does not assume responsibility for compensation or payment of insurance, but you can return the premiums paid.     Accident insurance refers to the insurance contract within the scope of the incident.     18th in an insurance contract provisions relating to insurers of liability exemption clauses, in enters into an insurance contract, the insurer shall provide the insured person clearly has not clearly stated, this provision is not effective. 19th article insurance contract should including following matters: (a) insurer name and residence; (ii) policyholders, and was insurer name and residence, and life insurance of beneficiaries of name and residence; (three) insurance standard of; (four) insurance responsibility and responsibility from; (five) insurance during and insurance responsibility began time; (six) insurance value; (seven) insurance amount; (eight) premium and paid approach; (nine) insurance compensation or payment approach     And (j) breach of contract and dispute resolution (11) to enter into a contract year, month, and day.     20th insurance contract the insured and the insurer specified in the preceding article matters, and other matters related to the insurance contract.     21st within the period of validity of the insurance contract, the insured and the insurer agreed to, you can change the contents of the insurance contract.     Change of insurance contracts shall be by the insurer in the insurance policy or other insurance certificates endorsed on or affixed to a one, or written agreement made by the policyholder and the insurer changes.     22nd an applicant, an insured or a beneficiary after the insurance accident, it shall promptly notify the insurer.     Refers to the property of the insured or the person subject to the insurance contract, persons entitled to a claim, the insured person can be insured.     Refers to the life insurance contract by the insured or the applicant specifies the persons entitled to claim, the insured, the insured can favor.     After the occurrence of the insured article 23rd, when requesting insurer to pay indemnity or insurance money pursuant to an insurance contract, the insured shall provide to the insurer, the insured or the beneficiary has to offer and the nature of the insurance event, reason, evidence and information relating to the extent of the loss.     In accordance with the terms of the contract of insurance of the insurer, deemed relevant evidence or information is not complete, and shall notify the applicant, the insured or beneficiary of additional relevant evidence and information. 24th the insurer receives the insured or beneficiary of the compensation or payment of insurance upon request should be approved in a timely manner and approve results inform the insured or the beneficiary; the insurance liability, in connection with the insured or the beneficiary the compensation or payment of insurance amount in the 10th after the agreement of the obligations of compensation or insurance obligation.     Insurance contract have agreed on the amount and duration of compensation or payment, the insurer shall, in accordance with the terms of the contract of insurance the obligations of compensation or insurance obligation.     The insurer fails to perform the obligations prescribed in the preceding paragraph's, apart from payments, shall compensate for the losses suffered by the insured or the beneficiary.     No unit or individual may illegally interfere insurer compensation or the obligation to pay the insurance, the insured or the beneficiary of the right to benefits shall not be restricted.     Refers to the amount of insurance the insurer compensation or insurance liability ceiling.     25th the insurer receives the insured or the beneficiary following a request for compensation or payment of insurance, not part of the insurance liability, should be issued to the insured or the beneficiary refuses letter of indemnity or refuse to pay the insurance.     26th of insurer's receipt of the compensation or payment of insurance requests and information concerning the certificate, within 60 days of the date, the amount of the compensation or payment of insurance cannot be determined, should be based on the evidence and information can determine the minimum amount to be paid ultimately determine the amount of compensation or payment of insurance of the insurer shall pay the difference.     27th the insured or the beneficiary of insurance other than life insurance, the insurer has the right to request compensation or insurance, which he knows, two years from the date of the occurrence of the insured do not exercise is extinguished.     The insured or the beneficiary of the life insurance to the insurer the right to request payment of insurance, since it knew five years from the date of the occurrence of the insured is not exercised to eliminate.     28th the insured or a beneficiary, in case the insured is not, lied about insurance accident happened, requests for compensation or payment of insurance to the insurer, the insurer has the right to terminate the contract, did not return the premiums paid.     Policy holder, the insured or the beneficiary intentionally creating insurance accident, the insurer has the right to terminate the contract, does not assume responsibility for compensation or payment of insurance, save as provided in paragraph one of this article 65th, but does not return the premiums paid.     After the occurrence of the insured, the insured, the insured or a beneficiary to forged or altered information on certificates, or other evidence, fabricating false reasons of accident or overstates the extent of the loss the insurer the hoax part does not assume responsibility for compensation or insurance.     An applicant, an insured or a beneficiary of any of the acts listed in the preceding three paragraphs, which insurers cover the cost of insurance premiums or expenditure, it should be returned or compensation.     29th the insurer its insurance business, in the form of reinsurance, partly transferred to another insurer, reinsurance.     Should the reinsurance Acceptor requirements Cedant shall be responsible and inform the reinsurance acceptor of the original insurance.     30th the reinsurance Acceptor shall be the original insurance policy holders to require payment of premiums.     Original insurance to the insured or the beneficiary, not to request or payment of insurance compensation for acceptors.     Cedant not reinsurance accept fails to fulfill the insurance liability for the refusal to perform, or delay in performance of its original cover.     31st for the terms of the insurance contract, the insurer and the policyholder, the insured or a beneficiary when there is a dispute, the people's Court or an arbitration body in favor of the insured and the beneficiary should be explained.       32nd insurer or reinsurance Acceptor to know Transact insurance business in the policyholder, the insured, the beneficiary or the Cedant's business and assets and privacy and confidentiality obligations.     Section II article 33rd property property insurance contracts insurance contracts property and their related interests for the subject matter of the insurance contract of insurance.     In this section the property insurance contract, unless otherwise specified, a short contract. Article 34th transfer shall notify the insurer of the insured and the insurer agreed to underwrite, contract law.     However, cargo insurance contract, and except as otherwise agreed by contract.     35th and cargo insurance contract for voyage conveyance contract, after the commencement of the insurance liability, the parties to a contract may terminate the contract.     36th insured shall comply with the relevant national fire protection, safety, production and labor protection regulations, maintain the safety of the subject-matter insured.     According to the terms of the contract, the insurer may check the security status of the insured, to the policyholder, the insured to eliminate unsafe and risks written proposals.     The insured, the insured is not in accordance with the contract on the subject of security responsibility, the insurer has the right to request for additional premiums or terminate the contract.     The insurer to maintain the safety of the subject-matter insured, the insured agrees, you can take precautionary measures.     37th within the validity period of the contract, substantially increases the risk of the insured, in accordance with the contract of the insured shall notify the insurer, the insurer has the right to request for additional premiums or terminate the contract.     The insured fails to perform the obligation of notification provided for in the preceding paragraph, because the subject substantially increases the risk of occurrence of an insured accident, the insurer shall not be liable.     38th under any of the following circumstances, unless otherwise stipulated in the contract, the insurer shall reduce the premium and return the corresponding premium on a daily basis: (a) to determine the change in circumstances regarding the insurance rate, insured risk was significantly reduced, (ii) insured the insured value decreased significantly. The 39th article Prior to the commencement of the insurance liability, the applicant requested the termination of the contract, shall pay fees to the insurer, the insurer shall refund the premium.     After the commencement of the insurance liability, the applicant requested the termination of the contract, the insurer may be charged from the date of commencement of the insurance liability premiums for the period until the date of termination of the contract, and the remainder returned to policyholders.     40th the insurance value of the objects of insurance, by the policyholder and the insurer agreed and stated in the contract or in accordance with the actual value of insurance insured when the accident happened.     Insured amount shall not exceed the insured value exceeds the insured value, the exceeding part is not valid.     Insurance amount is less than the insurance value, unless otherwise stipulated in the contract, the insured and the insured value of the amount proportional liability.     41st double insurance, the applicant shall inform the insurer of the insurance. Of double insurance, the insured amount exceeds the insured value, the insurer the sum of damages shall not exceed the insured value.     Unless otherwise stipulated in the contract, the insurer the insured amount and percentage of sum insured amount of liability.     Double insurance refers to the insured on the same subject, same interests, same insured separately to two or more insurers enter into an insurance contract of the insurance.     42nd insurance when an accident occurs, the insured is obligated to take the necessary measures to prevent or reduce losses.     After the occurrence of the insured, the insured is to prevent or reduce the loss of the subject-matter insured necessary and reasonable expenses incurred, by the insurer insurer the amount borne by insured loss amounts calculated separately from, the amount not more than the amount of insurance. Article 43rd partial loss of the insured, in the 30th after the insurer compensation, the insured may terminate the contract; in addition to contract may not terminate the contract, the insurer may terminate the contract.     Insurer to terminate the contract, and shall notify the insured early 15th and will be unaffected by the loss of part of the insurance premiums, deductions from the date of commencement of the insurance liability receivables for the period up to the date of termination of the contract part, returned to the insured.     The 44th after the occurrence of an insured, the insurer has paid the full amount, and the insured amount is equal to the insured value, all rights pertaining to the subject matter insured damage insurance insurance amount is less than the insurance value, the insured amount and the insurance value of the right to acquire a damaged part of the subject-matter insured.     Article 45th due to third party damage to the subject-matter insured caused the insured, the insurer since the date of the indemnity to the insured, the amount of compensation within the subrogation right of the insured to the third party requested compensation.     Provisions of the preceding paragraph after the occurrence of the insured, the insured recover damages from a third party, the insurer when the indemnity can be deducted from the insured amount of compensation has been made by a third party.     The insurer pursuant to exercise of the right of subrogation for compensation in the first paragraph, do not affect the insured is not a partial indemnity to a third party's right to compensation.     Article 46th insurance after the accident, before the insurer without indemnity, the insured gave up on third parties the right to request compensation, the insurer does not assume responsibility for indemnity.     After the insurer indemnity to the insured, the insurer without the insurer's consent to give up the rights to third party requested compensation, the Act is invalid.     Due to the fault of the insured the insured is unable to exercise the right of subrogation for compensation, the insurer may reduce insurance claims.     47th among the insured family members or members of deliberately causing the 45th article of this law other than the insured, the insurer of the family of the insured shall not be members of or its members exercise the right to subrogation for compensation.     48th in compensation to third party exercising subrogation rights of the insurer, the insured shall provide the insurer with necessary documents and what they know about the situation.     49th of the insurer, the insured is to identify and determine the insured property, causes and insurance losses paid by the necessary and reasonable costs, borne by the insurer.     50th insurer for damage caused by the insured to the third party liability insurance, in accordance with the provisions of the law or of the contract directly to the third party indemnity.     Liability insurance refers to the insured's liability for the third subject matter of insurance.     51st liability insurance the insured person for insured for damage caused to third parties by arbitration or litigation, unless otherwise stipulated in the contract, paid by the insured of arbitration or litigation expenses and other necessary and reasonable costs, borne by the insurer.     Section III of the life insurance contract 52nd is a life insurance contract to people's life and body as the subject matter of the insurance contract of insurance.     In this section of the life insurance contract, unless otherwise specified, a short contract.     53rd policyholder insurance interest to the following persons: (a) I, (ii) a spouse, child, parent, and (iii) the preceding paragraph with the insured raised, maintenance or support of other members of the family, close relatives.     Except as provided in the preceding paragraph, for which the consent of the insured to enter into a contract, as a policyholder to have an insurable interest in the insured.     54th misstated the age of the insured is not real, and its true age does not meet the age limit stipulated in the contract, the insurer may terminate the contract, and, after deducting fees, to the applicant for refund of premiums, but more than two years from the date of the contract, except.     Misstated the age of the insured, policyholder premiums paid less than the premiums, the insurer has the right to correct and require the insured to pay the insurance premium, or at the time of payment of the insurance benefits in accordance with the premiums actually paid and the premiums paid.     Misstated the age of the insured, policyholder premiums actually paid more than the premiums, the insurer shall return overcharged policyholders.     55th applicant must not be without insurance against death as life insurance insurance conditions, the insurer or insured.     Parents to cover their children's life insurance, are not affected by the provisions of the preceding paragraph, but death benefit sum insured amount shall not exceed the limits under the insurance regulatory authority.     56th death as the condition of payment of insurance contract without the written consent and approval of the insured the insured amount, the contract is invalid.     General to death in order to pay the insurance conditions of contract issued by an insurance policy, without the written consent of the insurer, shall not transfer or pledge.     Parents to cover their children's life insurance, not affected by the provisions of the first paragraph.     57th applicant after the establishment of the contract, you can pay all the premiums to the insurer, or staging pays the insurance premium in accordance with the contract.     Contracts payable in instalments of premium, the insured person shall pay the first premium at the time of the contract, and shall make payment of the remaining period of the insurance premium.     Article 58th staging pays the insurance premium agreed in this contract, the insured after payment of first premiums, unless otherwise stipulated in the contract, the insured person in excess of the prescribed 60 days fails to pay the premium for the current period, contract suspended or reduced the amount of insurance by the insurer in accordance with the contract conditions. 59th terminating the contract in accordance with the preceding article, the insurer and the insured to negotiate and reach agreement, after the policyholders to pay insurance premiums, legal effect of recovery.     However, within two years from the date of contract suspension both sides fail to reach agreement, the insurer has the right to terminate the contract.     Terminate the contract with the insurer in accordance with the provisions of the preceding paragraph, the insured person has paid premiums for more than two years, the insurer shall refund the cash value of the policy as contracted; the insured has not paid premiums for two years, the insurer shall, after deducting fees, refund of premiums.     60th insurer for life insurance premiums, no way demand payment.     61st beneficiaries of life insurance specified by the insured or the policyholder.     When the applicant specifying the beneficiary subject to the consent of the insured.     The insured is without civil capacity or a person with limited civil capacity, can be specified by its guardian beneficiary.     The 62nd the insured or the applicant may designate one or more persons as beneficiaries.     Several beneficiaries, the insured or the applicant may determine the order and benefit from share does not determine the share of beneficiaries by photo share has the right to benefit. The 63rd the insured or the applicant may change the beneficiary by a written notice to the insurer.     After you change the beneficiary received notice in writing of the insurer, shall be endorsed on the policy.     Applicant change the beneficiary subject to the consent of the insured.     The 64th after the death of the insured, in the event of any of the following circumstances, insurance premiums as the estate of the insured, by the insurer to the insured's heirs fulfil the obligation to pay the insurance: (a) there is no designated beneficiary, (ii) the beneficiary dies before the insured, no other beneficiaries, (iii) legally lose or give up the right to benefit from the right to benefit of the beneficiary, no other beneficiaries. 65th, applicant, beneficiary intentionally causes the death of the insured, disability or illness, the insurer does not assume insurance responsibility.     The applicant has paid premiums for more than two years, the insurer shall refund to the enjoyment of other rights under the contract the beneficiary of cash value of the policy.     The beneficiary intentionally causes death or disability of the insured, or attempted intentional killing of the insured, loss of benefit rights.     66th death as the condition of payment of insurance contract, the insured, except as provided in the second paragraph of this section, the insurer shall not assume responsibility for payment of insurance, but the applicant has paid the premiums, the insurer should be in accordance with the return the cash value of the policy.     Death as the conditions of insurance contracts, after two years from the date of establishment of, if the insured, the insurer may in accordance with the contract of insurance. 67th intentional crimes leading to their own disability or death of the insured, the insurer shall not assume responsibility for insurance.     The applicant has paid premiums for more than two years, the insurer shall return the cash value of the policy. 68th life insurance the insured occurs due to act of a third party death, injury or sickness insurance, the insurer after the insurance payment to the insured or the beneficiary, shall not enjoy the right of recourse to a third party.     But to third parties by the insured or the beneficiary has the right to claim compensation.       69th applicant terminate the contract and have paid premiums for more than two years, the insurer shall, from the date of receiving notice from the termination of the contract in the 30th, refunded the cash value of the policy is not paid premiums for two years, the insurer in accordance with the contract, after deducting fees, refund of premiums.     70th chapter insurance companies insurance companies shall take the following forms: (a) the Corporation, (ii) State-owned companies.     The 71st to establish an insurance company must be approved by the insurance supervision and Administration Department.     72nd article established insurance company, should has following conditions: (a) has meet this method and company law provides of articles; (ii) has meet this method provides of registered capital minimum limit; (three) has has served expertise and business work experience of senior management personnel; (four) has sound of organization institutions and management system; (five) has meet requirements of business places and and business about of other facilities.     When reviewing applications for setting up the insurance regulatory authority, should take into account the needs of development and fair competition in the insurance industry.     The 73rd to establish an insurance company, the minimum registered capital of 200 million Yuan.     Minimum amount of the registered capital of the insurance company must be paid-up monetary capital. Insurance regulatory authority according to insurance company business scope and scale, you can adjust the minimum amount of the registered capital.     But shall not be lower than the limit specified in the first paragraph.     74th application to establish an insurance company shall submit the following documents and information: (a) the application for establishment of application, which shall set forth the proposed insurance company name, registered capital, scope of business, (ii) the feasibility study report, (iii) other documents and information required by the insurance regulatory authority. The 75th after preliminary examination, application to establish an insurance company, the applicant shall, in accordance with the provisions of this law and company law for insurance companies to build. Has this method 72nd article provides of established conditions of, to insurance supervision management institutions submitted official application table and following about file, and information: (a) insurance company of articles; (ii) shareholders roster and shares or funded people and funded amount; (three) holds company shares 10% above of shareholders funding letter proved and about information; (four) statutory inspection funding institutions issued of inspection funding proved; (five) intends served of senior management personnel of resume and qualification proved; (six) business approach and plans; (seven) camp     Offices and other facilities related to the information and (VIII) other documents and information required by the insurance regulatory authority.     76th insurance regulatory authority from the date of receipt of full application to establish an insurance company within six months, it shall make a decision of approval or disapproval.     77th established upon approval of the insurance company, by the approval authority to carry on insurance business license and permit to operate insurance business to register with the Administrative Department for industry and commerce to obtain business licenses.     78th insurance business insurance business licenses within six months from the date of incorporation registration is not without good reason, its insurance business license void.     79th after the establishment of an insurance company shall, according to their total registered capital of 20% extraction of margin deposit insurance regulatory authority designated banks, except when the insurance company liquidation for the satisfaction of debts shall not be utilized.     80th of an insurance company in the People's Republic of China to set up branches in and outside, subject to approval by the insurance supervision and Administration Department, the branch carrying on insurance business license.     Insurance company branches do not have legal personality, its civil liability borne by the insurance company.     81st insurance companies in the People's Republic of China Representative Office established inside and outside, to be approved by the insurance supervision and Administration Department.     82nd article insurance company has following change matters one of of, must by insurance supervision management institutions approved: (a) change name; (ii) change registered capital; (three) change company or branch institutions of business places; (four) adjustment business range; (five) company Division or merged; (six) modified company articles; (seven) change funded people or holds company shares 10% above of shareholders; (eight) insurance supervision management institutions provides of other change matters.     Insurance company to replace its Chairman, General Manager, should be reported to the insurance regulatory authority to review their qualifications.     83rd insurance organization, applicable provisions of the company law. 84th State-owned insurance companies setting up the Board of supervisors.     The Board of supervisors by the insurance supervision and administration bodies, comprising representatives of the relevant experts and staff of insurance companies, State-owned insurance companies to extract the reserves, minimum solvency and increment of State-owned assets, as well as senior administrative personnel who violate laws, administrative regulations or the articles of Association behavior and damage the interests of the monitor. 85th of an insurance company due to separation, merger or as specified in the articles of dissolution occurs, dissolved after approved by the insurance supervision and Administration Department.     It shall set up a group of insurance companies to carry out the liquidation.     Insurance companies engaged in life insurance business, apart from the separation, merger, and may not be dissolved. 86th article violates laws, administrative rules and regulations of insurance companies, was revoked by the insurance regulatory authority to carry on insurance business license, revoked.     Timely liquidation according to law by the insurance supervision and administration to carry out the liquidation. 87th insurance company cannot pay its debts, by the insurance supervision and administration by the people's Court declared bankrupt according to law.     An insurance company is declared bankrupt, organized by the people's Court insurance supervision and Administration Department and other relevant departments and associated personnel set up a group to carry out the liquidation.     88th engaged in life insurance business, the insurance company was revoked or declared bankrupt according to law, its holdings of life insurance contracts and allowances, must be transferred to other insurance companies engaged in life insurance business cannot transfer agreements with other insurance companies, designated by the insurance supervision and administration institution engaged in life insurance business insurance companies accepted.     Transfer or specified by the insurance supervision and Administration Department accept the provisions of the preceding paragraph of the life insurance contract and reserves, and shall safeguard the legitimate rights and interests of the insured, beneficiary.     89th insurance company bankrupt according to law, the estate paid bankruptcy fees, in accordance with the following order of priority: (a) the wages and labor insurance expense owed, (ii) damages or payment of insurance, (iii) the taxes owed and (iv) pay off company debts.     Bankruptcy property is insufficient to pay off the debts in the same order, in accordance with the proportion.     90th insurance company terminated its business activities according to law, should cancel its permit to operate insurance business.       91st creation, modification, dissolution and liquidation of an insurance company, is not stipulated in this law, company law and other applicable provisions of the relevant laws and administrative regulations.     Fourth chapter business rule 92nd insurance company business scope: (a) property insurance, including property insurance, liability insurance, credit insurance and other insurance business (ii) life insurance business, including life insurance, health insurance, accident insurance and other insurance business.     Same insured shall not be simultaneously engaged in property and casualty insurance business and the life insurance business, but business of property and casualty insurance company approved by the insurance supervision and Administration Department, could run a short-term health insurance and accident insurance. Insurance company's business scope approved by the insurance supervision and administration according to law.     Insurance companies can only be engaged in financial business activities within the approved scope of business.     Insurers could not run this law and other laws, administrative regulations, and other businesses.     The 93rd article approved by the insurance supervision and Administration Department, insurance companies can operate the insurance business prescribed in the preceding article the following reinsurance business: (a) the separation of insurance and (ii) the insurance.     94th of an insurance company shall be under the protection of the insured benefits, ensure the solvency principles, extract the reserves.     Insurance companies extracting and carry-over reserve the specific measures shall be formulated by the insurance supervision and Administration Department.     95th insurance company shall, in accordance with the insurance indemnity or payment already made, as well as the insurance accident has occurred but has not been made or payment of insurance compensation, outstanding claims reserve.     96th extraction reserves outside except in accordance with the provisions of the preceding two articles, the insurance company shall, in accordance with relevant laws, administrative regulations and national financial accounting system for Provident Fund.     97th in order to protect the interests of insured persons, support the sound operation of insurance companies, the insurance company shall, in accordance with the regulations of the insurance regulatory authority insurance guarantee funds.     Insurance guarantee funds should be centrally managed, integrated and used.     Insurance guaranty fund management uses the specific measures shall be formulated by the insurance supervision and Administration Department. 98th insurance company shall have the minimum payment capability commensurate with the size of its business.     Of the actual assets minus the difference in actual liabilities shall not be less than the amount specified in the insurance regulatory authority; less than the prescribed amount, should be a capital increase, make up the difference.     99th insurance company engaged in property and casualty insurance business the year premiums shall not exceed four times times the capital sum plus Provident Fund.     100th of an insurance company for each risk unit, which may be caused by an insured loss scope of responsibilities, capital plus Provident Fund shall not exceed the sum of 10% over parts, should go through reinsurance.     101th insurers the risk unit of computation of catastrophic risk and plan shall be approved by the insurance supervision and Administration Department.     102th insurance company shall, in accordance with relevant provisions of reinsurance of the insurance supervision and Administration Department.     103th Transact reinsurance business insurance needs, priority should be given to insurance companies in China.     104th insurance regulatory authority has the right to restrict or prohibit insurance companies insurance companies established outside China reinsurance business or receiving reinsurance business outside China.     105th insurance company funds in a conservative, follow the principle of security, and ensure the property value.     Utilization of insurance funds, limited to bank deposits, trading Government bonds, financial bonds and other fund application form prescribed by the State Council.     Funds of an insurance company shall not be used for the establishment of securities institutions, shall not be used for other than insurance companies.     Insurance companies use funds and specific project funding as a proportion of its total funding, stipulated by the insurance supervision and Administration Department.     106th article insurance company and staff in insurance business activities in the shall not has following behavior: (a) cheat policyholders, and was insurer or beneficiaries; (ii) on policyholders hide and insurance contract about of important situation; (three) hinder policyholders perform this method provides of truthfully told obligations, or induced its not perform this method provides of truthfully told obligations; (four) commitment to policyholders, and was insurer or beneficiaries give insurance contract provides yiwai of premium rebate or other interests;     (E) deliberately fabricate insurance incident never make false claims to defraud. Fifth chapter of insurance supervision and management of the 107th social public interest insurance, compulsory insurance by law the insurance and new development of life insurance and other insurance clauses and insurance rates, shall be submitted to insurance supervision and Administration Department for approval. When the insurance regulatory authority for approval, following the principle of protecting the public interest and the prevention of unfair competition.     Approving the scope and specific measures formulated by the insurance supervision and Administration Department.     Other insurance clauses and insurance rates, shall be submitted to insurance supervision and Administration Department for record.     108th insurance supervision and Administration Department shall establish a comprehensive index system of insurance company solvency regulation, minimum solvency monitoring of insurance company.     109th insurance regulatory authority has the right to check the insurance company's business, financial condition and investment conditions, within the specified period is entitled to require insurance companies to provide relevant written reports and information.     Insurance companies shall be subject to supervision and inspection.     Right to access insurance company the insurance regulatory authority of deposits in financial institutions.     110th article insurance company not according to this method provides extraction or closing the reserves, or not according to this method provides handle again insurance, or serious violation this method on funds using of provides of, by insurance supervision management institutions ordered the insurance company take following measures deadline corrected: (a) law extraction or closing the prepared gold; (ii) law handle again insurance; (three) corrected illegal using funds of behavior; (four) adjustment head and the about management personnel.     The 111th article in accordance with the provisions of the preceding article, insurance supervision and regulatory body within a time limit after the decision, the insurance company is not corrected within the time limit, the insurance regulatory authority decided to send insurance professionals and specifies that the insurance company executives to form the organisation and consolidation of the insurance companies.     Rectify the decision shall set forth the reorganized insurance company's name, reason for reorganization, overhaul organization and reorganization period, and shall be published. Organisation article 112th in the reorganization process, the authority to supervise the day-to-day operations of an insurance company.     The owners and managers of insurance companies, organisation should be under the supervision of the exercise of their functions.     113th in the reorganization process, the insurance company's original business to continue, but the insurance regulatory authority has the right to stop new business or stop business, adjusted funds.     Upon reorganization of the reorganized insurance company was the 114th article correcting its acts in violation of the provisions of this law, returned to normal operating conditions, by the reporting organisation, approved by the insurance supervision and Administration Department, end of the reorganization.     115th an insurance company violates this law, infringe upon the public interests, may seriously threaten or endanger the solvency of insurance companies, insurance supervision and Administration Department shall be applied for the insurance companies to take over. Over seeks to effect was taken over by the insurance companies to take the necessary measures to protect the interests of the insured, restore the normal operation of an insurance company.     Was taken over by the insurance company of the debtor-creditor relationship does not change because of the take-over.     The 116th over the composition of the force and the take-over procedures, determined by the insurance supervision and Administration Department, and shall be published.     The 117th term expires, the insurance supervision authority can decide to postpone, but the term shall not exceed two years.     118th term expired, was taken over by insurance companies have resumed normal operations, the insurance supervision authority may decide to terminate the take-over.     Taking over organization was taken over by the insurance company's property is insufficient to satisfy the debt, and approved by the insurance supervision and Administration Department, shall be applied to the Court to declare the insurance company bankrupt.     119th insurance company shall, within three months after the end of each fiscal year, the previous year's business report, financial statements and related reports submitted to the insurance regulatory authority, and shall be published.     120th of the insurance company shall, at the end of each month for the preceding January operating statistics report submitted to insurance supervision and Administration Department.     121th insurance companies must employ actuarial professionals recognized by the insurance supervision and Administration Department, establish an actuarial reporting system.     122th report an insurance company's place of business, financial and accounting reports, actuarial reports and other reports, documents and information relating to truthfully record insurance issues, may not have any false record, misleading statements and material omissions.     123th established by the insurer and the insured person may retain independent assessment agencies or experts legally qualified, appraisal and evaluation of the insured. Legally retained to appraisal and evaluation assessment of the accident insurance institutions and experts, he shall impartially carried out its business.     Wilfully or negligently damages are caused to the insured or the insured shall bear liability.     Legally retained to assess the insured and certified assessment agency fees shall be in accordance with the laws and administrative rules and regulations.     124th business activities related to insurance company shall keep the books, original documents and relevant information.       Books provided for in the preceding paragraph, the original documents and related information period, calculated from the date of termination of the insurance contract shall not be less than ten years.     The sixth chapter insurance agents and insurance brokers 125th commissioned insurance agent is based on the insurer, collects fees to the insurer, and within the scope authorized by the insurers Transact insurance business on behalf of the entity or individual. 126th Insurance brokers are based on the interests of policy holders, for the applicant enters into an insurance contract with the insurer to provide intermediary services, and units of the Law Commission.     127th commissioned insurance agents insurance business on behalf of the insurer shall be agency agreement with the insurance agent, the law stipulated the rights and obligations of the parties and other proxy matters.     128th insurance agent to the insurer authorized to Transact insurance business on behalf of the Act, the insurer shall assume the responsibilities.     Insurance agent for insurance business on behalf of the insurer, beyond the agent acts, the insured person has reason to believe that the proxy and enter into an insurance contract, the insurer shall assume insurance responsibility; however, the insurer can unauthorized insurance agent responsibilities shall be affixed.     129th Transact life insurance business on behalf of an individual insurance agents, the delegate shall not accept more than two insurers.     130th in insurance business, the insurance broker's fault, causes losses to the policyholder, the insured, the insurance broker liability. 131th article insurance agent, and insurance brokers in handle insurance business activities in the shall not has following behavior: (a) cheat insurer, and policyholders, and was insurer or beneficiaries; (ii) hide and insurance contract about of important situation; (three) hinder policyholders perform this method provides of truthfully told obligations, or induced its not perform this method provides of truthfully told obligations; (four) commitment to policyholders, and was insurer or beneficiaries give insurance contract provides yiwai of other interests; (five) using executive force, and     Job or career, and other improper means to force, induce or restrict the insured enters into an insurance contract.     The 132th insurance agent, insurance broker shall meet the eligibility criteria under the insurance regulatory authority, and insurance regulatory authority to carry on insurance business license, Broker License, register with the Administration for industry and commerce, business licenses, and payment bond or insurance against professional liability insurance.     133th insurance agent, insurance broker shall have his place of business, set up special account books record insurance agency or brokerage business income and expenses, and accept supervision by the insurance supervision and Administration Department.     134th insurance agency commissions and brokerage fees, only to pay ineligible for insurance agents, insurance brokers, shall not be paid to others.     135th of an insurance company shall set up a register of insurance agents.     136th insurance company shall strengthen the training and management of insurance agents, insurance agents ' professional ethics and improve service quality, not instigate activities in breach of fiduciary duty, misleading, an insurance agent.       137th 109th and 119th provisions of this law, shall apply to insurance agents and insurance brokers. Seventh chapter legal responsibility 138th article policyholders, and was insurer or beneficiaries has following behavior one of, for insurance fraud activities, constitute crime of, law held criminal: (a) policyholders deliberately fictional insurance standard of, cheat insurance of; (ii) not occurred insurance accident and lied about occurred insurance accident, cheat insurance of; (three) deliberately caused property loss of insurance accident, cheat insurance of; (four) deliberately caused was insurer death, and disability or disease, life insurance accident, cheat insurance of     (V) forging, altering and insurance certificates, information and evidence relating to the accident, or ordered, abetted or bribing others to provide false evidence, information or other evidence, fabricating false accident or overstates the extent of the loss to defraud.     One of the acts listed in the preceding paragraph, minor, does not constitute a crime, administrative penalties in accordance with the relevant provisions of the State. 139th article insurance company and staff in insurance business in the hide and insurance contract about of important situation, cheat policyholders, and was insurer or beneficiaries, or refused to perform insurance contract agreed of compensation or payment insurance of obligations, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions on insurance company sentenced 50,000 yuan above 300,000 yuan following of fine; on has violations of staff, sentenced 20,000 yuan above 100,000 yuan following of fine     In serious cases, limit the scope of insurance company or be ordered to stop accepting new business. Insurance company and staff hinder policyholders perform truthfully told obligations, or induced its not perform truthfully told obligations, or commitment to policyholders, and was insurer or beneficiaries give illegal of premium rebate or other interests, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, on insurance company sentenced 50,000 yuan above 300,000 yuan following of fine; on has violations of staff, sentenced 20,000 yuan above 100,000 yuan following of fine; plot serious of     , Limit the scope of insurance company or be ordered to stop accepting new business.     140th insurance agents or insurance brokers in cheating in its business insurer, the policyholder, the insured or the beneficiary, to constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by the insurance supervision and Administration Department shall be ordered to correct, and a fine of 50,000 yuan and 300,000 yuan fine in serious cases, suspension of business insurance agent license, Broker License.     141th deliberately fabricate insurance company and its staff have been insured against making false claims to defraud, constitutes a crime, criminal responsibility shall be investigated according to law.     142th article violation this method provides, unauthorized established insurance company or illegal engaged in commercial insurance business activities of, by insurance supervision management institutions be banned; constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 200,000 yuan of, sentenced 200,000 yuan above 1 million Yuan following of fine. 143th article violation this method provides, beyond approved of business range engaged in insurance business or and camp this method and the other legal, and administrative regulations provides yiwai of business, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, ordered returned charged of premium, confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above five times times following of fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, sentenced 100,000 yuan above 500,000 yuan following of fine     ; It fails or serious consequences, closed for rectification or revoke the permit to operate insurance business.     144th in violation of the provisions of this law, without approval, unilaterally changed the name of the insurance company, Association, registered capital, company or branch business premises and other matters by the insurance supervision and Administration Department shall be ordered to correct, and a fine of 10,000 yuan and 100,000 yuan fine.     145th article violation this method provides, has following behavior one of of, by insurance supervision management institutions ordered corrected, and sentenced 50,000 yuan above 300,000 yuan following of fine; plot serious of, can limit business range, and ordered stop accept new business or revoked business insurance business license: (a) not according to provides mention save margin or violation provides use margin of; (ii) not according to provides extraction or closing the responsibility reserves or not according to provides extraction outstanding reparations reserves of;     (Three) not according to provides extraction insurance guarantees Fund, and Provident Fund of; (four) not according to provides handle again insurance separate business of; (five) violation provides using insurance company funds of; (six) without approved established branch institutions or representative institutions of; (seven) without approved Division, and merged of; (eight) not according to provides will should submitted approval of insurance species of insurance terms and premium rate submitted approval of.     146th article violation this method provides, has following behavior one of of, by insurance supervision management institutions ordered corrected, late not corrected of, sentenced 10,000 yuan above 100,000 yuan following of fine: (a) not according to provides submitted about report, and report, and file and information of; (ii) not according to provides will should submitted record of insurance species of insurance terms and premium rate submitted record of.     147th article violation this method provides, has following behavior one of, constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions ordered corrected, sentenced 100,000 yuan above 500,000 yuan following of fine; plot serious of, can limit business range, and ordered stop accept new business or revoked business insurance business license: (a) provides false of report, and report, and file and information of; (ii) refused to or hamper law check supervision of.     148th in violation of the provisions of this law, any of the following acts by the insurance supervision and Administration Department shall be ordered to correct, punishable by fines of less than 50,000 yuan and 300,000 Yuan: (a) the excess coverage, if the circumstances are serious, (ii) without insurance with death insurance for payment of insurance conditions.     149th article violation this method provides, not made business insurance agent business license or brokers business license, illegal engaged in insurance agent business or brokers business activities of, by insurance supervision management institutions be banned; constitute crime of, law held criminal; is not constitute crime of, by insurance supervision management institutions confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, sentenced 100,000 yuan above 500,000 yuan following of fine.     150th article in violation of the provisions hereof does not constitute a criminal act are directly responsible for insurance company executives and other personnel, insurance regulatory bodies may be warned in different circumstances, shall be ordered to be removed, a fine of 20,000 yuan and 100,000 yuan fine.     151th in violation of the provisions of this law, causes harm to another person, shall bear civil liability.       152th does not meet the conditions specified in this law, an application to establish an insurance company to be approved, or does not meet the conditions of approval of insurance agents, insurance brokers, or other acts of abuse their powers, neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.     Eighth chapter by-laws rules applicable maritime law of marine insurance 153th; maritime law is not specified, the relevant provisions of this law shall be applicable.     154th Sino-foreign insurance companies, foreign-owned insurance companies, branch of a foreign insurance company shall be governed by provisions; otherwise stipulated by laws, administrative regulations, to apply its provisions.     155th State supports the development of agricultural production and services of insurance undertakings, agriculture insurance imposed by the laws and administrative regulations to be promulgated separately.     156th of this law of nature other than insurance companies insurance organizations, stipulated by laws and administrative regulations to be promulgated separately. 157th before the implementation of this law in accordance with the provisions of the State Council approved the establishment of insurance companies to retain, which does not contain all the conditions provided for in this law shall within the period specified in the conditions provided for in this law.     Specific measures shall be formulated by the State Council. 158th of this law shall enter into force on October 1, 1995.