中国保险监督管理委员会关于印发《保险兼业代理管理暂行办法》的_法律英语

中国保险监督管理委员会关于印发《保险兼业代理管理暂行办法》的

文章来源：文章作者：发布时间：2007-06-01 01:18 字体： [大中小]　进入论坛

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保监发[2000]144号
颁布日期：20000804 　实施日期：20000804 　颁布单位：中国保险监督管理委员会

　　BaoJianFa [2000] No.144

　　August 4, 2000

　　Chapter I General Provisions

　　Article 1 These Measures are enacted¹ in accordance with the "Insurance Law of the People's Republic of China" in order to strengthen the administration of concurrent-business insurance agents, regulate the acts of concurrent-business insurance agencies, maintain the order of the insurance market, and promote the healthy development of the insurance industry.

　　Article 2 Concurrent-business insurance agents shall refer to the entities² which are entrusted⁴ by the insurers to handle insurance business on behalf of the latter at the time of engaging in their own business.

　　Article 3 Concurrent-business insurance agents shall, when engaging in the business of insurance, abide⁵ by the relevant laws and regulations of the State and administrative⁶ rules, and shall comply with the principles of volunteerism, honesty and credibility.

　　Article 4 The legal liabilities occurred from a concurrent-business insurance agent's agency of insurance business within the scope of the insurer's authorization⁷ shall be borne by the insurer.

　　Article 5 No party or governmental organization or its functional⁸ department, public institution or social organization shall engage in the business of insurance agency.

　　Chapter II Administration on the Agency Qualifications

　　Article 6 The application for the qualification of concurrent-business insurance agent and the modification⁹ of relevant contents shall be reported by the principal insurance company to China Insurance Regulatory Commission (hereinafter referred to as "CIRC") for approval.

　　Article 7 Whoever applies for the qualification for concurrent-business insurance agency shall meet the following conditions:

　　(1) having the business license¹⁰ checked and issued by the administrative organ of industry and commerce;

　　(2) having the source of a certain scale of business of insurance agency directly relating to its major business;

　　(3) having a fixed¹¹ business premises¹³;

　　(4) having the conveniences to directly undertake the agency of insurance business in its business premises.

　　Article 8 Whoever applies for the qualification for concurrent-business insurance agency shall submit the following documents to CIRC:

　　(1) an application form for the qualification to be a concurrent-business insurance agent (in triplet);

　　(2) a duplicate of the copy of industrial and commercial business license;

　　(3) a duplicate of the "Organization Code Certificate";

　　(4) a computer data disk for applying for the qualification to be a concurrent-business insurance agent;

　　(5) a duplicate of the principal insurance company's "License for Operating Insurance Business";

　　(6) other documents required by CIRC.

　　Article 9 CIRC shall issue a "License for Concurrent-Business Insurance Agency" to each entity¹⁴ that is checked and approved to have obtained the qualification for concurrent-business insurance agency.

　　Article 10 The validity period for the "License for Concurrent-Business Insurance Agency" shall be three years, and a concurrent-business insurance agent shall apply to go through the procedures for change of the license two months before the expiration¹⁵ of the validity period.

　　Article 11 Where a concurrent-business insurance agent needs to modify any content of the "License for Concurrent-Business Insurance Agency" due to the change of its name or scope of its major business, it shall, within three months, apply to CIRC to go through the modification procedures.

　　Article 12 Where a concurrent-business insurance agent is no longer to be qualified¹⁶ for concurrent-business insurance agency due to merger¹⁷, cancellation¹⁸ or dissolution, etc., it shall return the "License for Concurrent-Business Insurance Agency" to CIRC within one month.

　　Chapter III Administration of Agency Relationships

　　Article 13 An insurance company may only set up the concurrent-business insurance agency relationship with an entity that has obtained the "License for Concurrent-Business Insurance Agency", and authorize¹⁹ such an entity to carry out the business of insurance agency.

　　Article 14 An insurance company shall, when setting up the insurance agency relationship with a concurrent-business insurance agent, report to CIRC for record, and shall submit the following documents:

　　(1) a registration²⁰ form for the concurrent-business insurance agency relationship (in triplet);

　　(2) a duplicate of the "License for Concurrent-Business Insurance Agency";

　　(3) a computer data disk for applying for the insurance agency relationship. Where CIRC does not raise any objection within ten working days of receipt of the documents for record, the insurance agency contract shall become effective, and the insurance agency relationship is therefore set up.

　　Article 15 After the insurance agency relationship is set up, the insurance company shall issue a "Power of Attorney for Concurrent-Business Insurance Agency" to the concurrent-business insurance agent. The production of the "Power of Attorney for Concurrent-Business Insurance Agency" shall be centrally supervised by the CIRC.

　　Article 16 An insurance company shall, when terminating the insurance agency relationship with a concurrent-business insurance agent, take back the "Power of Attorney for Concurrent-Business Insurance Agency", fill out the "Registration Form for Concurrent-Business Insurance Agency Relationship" and report the termination to the CIRC for record in a timely fashion.

　　Article 17 A concurrent-business insurance agent may only undertake the insurance business on behalf of one insurance company, and the scope of the undertaken business shall be limited to the undertaken insurance category specified²¹ in the "License for Concurrent-Business Insurance Agency".

　　Article 18 A concurrent-business insurance agent shall place its "License for Concurrent-Business Insurance Agency" and "Power of Attorney for Concurrent-Business Insurance Agency" at an obvious location of its business premise¹².

　　Chapter IV Administration of Practicing of Business

　　Article 19 An insurance company shall, when setting up the agency relationship with a concurrent-business agent, be responsible for determining that the concurrent-business agent:

　　(1) has the "License for Concurrent-Business Insurance Agency"; and

　　(2) has no agency relationship with any other insurance company.

　　Article 20 An insurance company shall guarantee that each of its concurrent-business agents:

　　(1) hold the "Power of Attorney for Concurrent-Business Insurance Agency";

　　(2) undertake the insurance within the category permitted by the "License for Concurrent-Business Insurance Agency";

　　(3) have received corresponding professional trainings.

　　Article 21 A concurrent-business insurance agent may only undertake the insurance business inside its main business premise, and shall not separately set up agency offices outside its business premises.

　　Article 22 A concurrent-business insurance agent shall not have any of the following acts when it engages in the business of insurance agency:

　　(1) to, without authorization, modify the insurance clauses, or raise or lower the insurance premium²²;

　　(2) to, by taking advantage of administrative power or of duty or occupational conveniences, force or entice²³ a insurer to purchase the designated insurance policy;

　　(3) to, by unfair means, force, entice or limit a insurer or insured to take out insurance policies or change the insurer ;

　　(4) to collude with the insurer, the insured or the beneficiary to deceive the insurer ;

　　(5) to make incorrect or misleading propaganda to other insurance institutions or insurance agency institutions;

　　(6) to undertake the business of a re-insurance agency;

　　(7) to misappropriate or embezzle²⁴ the insurance premium;

　　(8) to concurrently²⁵ engage in the business of insurance brokerage;

　　(9) other acts ascertained²⁶ by the CIRC to have damaged the benefits of the insurer, the insurer or the insured.

　　Article 23 A concurrent-business insurance agent's taking out policies of its own property insurance or life insurance from an insurance company shall be regarded as if the insurance company directly underwrites the insurance business, and the concurrent-business insurance agent shall not draw any agency commission.

　　Article 24 The agency period in a concurrent-business insurance agency contract shall be limited to the validity period of the "License for Concurrent-business Insurance Agency" held by concurrent-business insurance agent at the time of conclusion of the contract.

　　Article 25 A concurrent-business insurance agency contract shall clearly state such contents as the category of the undertaken insurance, scope of authorization, rate of commission, payment method and the time limit for transfer of premium, etc……

　　Article 26 A concurrent-business insurance agent shall, in accordance with the concurrent-business insurance agency contract, settle the premium with and deliver the relevant documents to the insurance company in time. The time for the settlement of the premium shall be no more than one month, and the premium shall not be used to deduct²⁷ the agency commission.

　　Article 27 A concurrent-business insurance agent shall set up an independent premium income account and shall conduct separate accounting²⁸ for the business of concurrent-business insurance agency.

　　Article 28 A concurrent-business insurance agent shall set up account books for its business, which shall clearly state item by item such contents as the item number of the insurance policy, category of the undertaken insurance, insurance amount, insurance premium, agency commission, etc……

　　Article 29 An insurance company shall not pay the agency commission to a concurrent-business insurance agent by means of direct deduction²⁹ with premium or by cash.

　　Article 30 An insurance company shall not, without being approved by CIRC, entrust³ a concurrent-business insurance agent to issue the insurance policies.

　　Article 31 An insurance company shall set up a registration book of concurrent-business insurance agency contracts, shall establish and improve the archives of concurrent-business insurance agents, and shall set up account books for the agency business by regarding each concurrent-business insurance agent to be a unit.

　　Article 32 An insurance company shall formulate³⁰ a uniform text of concurrent-business insurance agency contracts and shall submit it to CIRC for record.

　　Article 33 An insurance company shall hold regular trainings for the concurrent-business insurance agents, and the time for each concurrent-business insurance agent to receive trainings in each year shall be no less than 60 hours.

　　Article 34 The measures for the payment and deposition³¹ of the guarantee bond of concurrent-business insurance agent shall be separately stipulated³².

　　Chapter V Penalty Provisions

　　Article 35 Whoever violates these Measures by illegally engaging in the business of insurance agency without obtaining the "License for Concurrent-Business Insurance Agency" and the "Power of Attorney for Concurrent-Business Insurance Agency" shall be punished in accordance with Article 142 of the "Insurance Law of the People's Republic of China".

　　Article 36 Any concurrent-business insurance agent who violates these Measures by deceiving the insurer, the insured or the beneficiary in the business of insurance agency shall be punished in accordance with Article 133 of the "Insurance Law of the People's Republic of China".

　　Article 37 Where a concurrent-business insurance agent violates Article 17, 21, 22, or 23 of these Measures, it shall be ordered by CIRC to make a correction, and a warning or a fine of no less than 10,000 Yuan but no more than 50,000 Yuan shall be imposed; if the case is serious, its "License for Concurrent-Business Insurance Agency" shall be revoked³³. If its act constitutes a crime, it shall be investigated for criminal liabilities in accordance with the law.

　　Article 38 Where an insurance company violates Article 13, 19, 20, 29 or 30 of these Measures, it shall be ordered by the CIRC to make a correction, and a fine of no less than 10,000 Yuan but no more than 100,000 Yuan shall be imposed; if the case is serious, it shall be ordered by the CIRC to dismiss and replace the relevant liable person(s) or to cease its business for rectification³⁴, or the relevant main liable person's qualification for holding the post as a senior manager shall be cancelled.

　　Chapter VI Supplementary³⁵ Provisions

　　Article 39 CIRC shall be responsible for the interpretation³⁶ and amendment³⁷ of these Measures.

　　Article 40 Where any provision relating to the original administration of concurrent-business insurance agents is inconsistent with these Measures, these Measures shall prevail.

　　Article 41 These Measures shall enter into force as of the date of their promulgation³⁸.

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收听单词发音

1 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。来自英汉文学 - 嘉莉妹妹

2 entities
实体对像；实体，独立存在体，实际存在物( entity的名词复数 )
参考例句：
Our newspaper and our printing business form separate corporate entities. 我们的报纸和印刷业形成相对独立的企业实体。 The North American continent is made up of three great structural entities. 北美大陆是由三个构造单元组成的。

3 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

4 entrusted
v.委托，托付( entrust的过去式和过去分词 )
参考例句：
He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。 She was entrusted with the direction of the project. 她受委托负责这项计划。来自《简明英汉词典》

5 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

6 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

7 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

8 functional
adj.为实用而设计的，具备功能的，起作用的
参考例句：
The telephone was out of order,but is functional now.电话刚才坏了，但现在可以用了。 The furniture is not fancy,just functional.这些家具不是摆着好看的，只是为了实用。

9 modification
n.修改，改进，缓和，减轻
参考例句：
The law,in its present form,is unjust;it needs modification.现行的法律是不公正的，它需要修改。 The design requires considerable modification.这个设计需要作大的修改。

10 license
n.执照，许可证，特许；v.许可，特许
参考例句：
The foreign guest has a license on the person.这个外国客人随身携带执照。 The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

11 fixed
adj.固定的，不变的，准备好的；(计算机)固定的
参考例句：
Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？ Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

12 premise
n.前提；v.提论，预述
参考例句：
Let me premise my argument with a bit of history.让我引述一些史实作为我立论的前提。 We can deduce a conclusion from the premise.我们可以从这个前提推出结论。

13 premises
n.建筑物，房屋
参考例句：
According to the rules,no alcohol can be consumed on the premises.按照规定，场内不准饮酒。 All repairs are done on the premises and not put out.全部修缮都在家里进行，不用送到外面去做。

14 entity
n.实体，独立存在体，实际存在物
参考例句：
The country is no longer one political entity.这个国家不再是一个统一的政治实体了。 As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

15 expiration
n.终结，期满，呼气，呼出物
参考例句：
Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗? This contract shall be terminated on the expiration date.劳动合同期满，即行终止。

16 qualified
adj.合格的，有资格的，胜任的，有限制的
参考例句：
He is qualified as a complete man of letters.他有资格当真正的文学家。 We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

17 merger
n.企业合并，并吞
参考例句：
Acceptance of the offer is the first step to a merger.对这项提议的赞同是合并的第一步。 Shareholders will be voting on the merger of the companies.股东们将投票表决公司合并问题。

18 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

19 authorize
v.授权，委任；批准，认可
参考例句：
He said that he needed to get his supervisor to authorize my refund.他说必须让主管人员批准我的退款。 Only the President could authorize the use of the atomic bomb.只有总统才能授权使用原子弹。

20 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

21 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

22 premium
n.加付款；赠品；adj.高级的；售价高的
参考例句：
You have to pay a premium for express delivery.寄快递你得付额外费用。 Fresh water was at a premium after the reservoir was contaminated.在水库被污染之后，清水便因稀而贵了。

23 entice
v.诱骗，引诱，怂恿
参考例句：
Nothing will entice the children from television.没有任何东西能把孩子们从电视机前诱开。 I don't see why the English should want to entice us away from our native land.我不明白，为什英国人要引诱我们离开自己的国土。

24 embezzle
vt.贪污，盗用；挪用(公款；公物等)
参考例句：
I suppose they embezzle a lot.我想他们贪污了不少。 The cashier embezzled $50,000 from the bank and ran away.银行的出纳盗用了五万美元，并且逃跑了。

25 concurrently
adv.同时地
参考例句：
He was given two twelve month sentences to run concurrently. 他两罪均判12个月监禁，同期执行。来自《简明英汉词典》 He was given two prison sentences, to run concurrently. 他两罪均判监禁，同期执行。来自辞典例句

26 ascertained
v.弄清，确定，查明( ascertain的过去式和过去分词 )
参考例句：
The previously unidentified objects have now been definitely ascertained as being satellites. 原来所说的不明飞行物现在已证实是卫星。来自《简明英汉词典》 I ascertained that she was dead. 我断定她已经死了。来自《简明英汉词典》

27 deduct
vt.扣除，减去
参考例句：
You can deduct the twenty - five cents out of my allowance.你可在我的零用钱里扣去二角五分钱。 On condition of your signing this contract,I will deduct a percentage.如果你在这份合同上签字，我就会给你减免一个百分比。

28 accounting
n.会计，会计学，借贷对照表
参考例句：
A job fell vacant in the accounting department.财会部出现了一个空缺。 There's an accounting error in this entry.这笔账目里有差错。

29 deduction
n.减除，扣除，减除额；推论，推理，演绎
参考例句：
No deduction in pay is made for absence due to illness.因病请假不扣工资。 His deduction led him to the correct conclusion.他的推断使他得出正确的结论。

30 formulate
v.用公式表示；规划；设计；系统地阐述
参考例句：
He took care to formulate his reply very clearly.他字斟句酌，清楚地做了回答。 I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。

31 deposition
n.免职，罢官；作证；沉淀；沉淀物
参考例句：
It was this issue which led to the deposition of the king.正是这件事导致了国王被废黜。 This leads to calcium deposition in the blood-vessels.这导致钙在血管中沉积。

32 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

33 revoked
adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )
参考例句：
It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。来自辞典例句 A will is revoked expressly. 遗嘱可以通过明示推翻。来自辞典例句

34 rectification
n. 改正, 改订, 矫正
参考例句：
The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。 This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿，这种现象称为光学整流。

35 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

36 interpretation
n.解释，说明，描述；艺术处理
参考例句：
His statement admits of one interpretation only.他的话只有一种解释。 Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

37 amendment
n.改正，修正，改善，修正案
参考例句：
The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。 The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

38 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

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