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Notice of the China Insurance Regulatory Commission on Organizing and Conducting the Special Action of Combating Sale Chaos and Cracking down upon Illegal Business Relating to Personal Insurance
[Expired]
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中国保监会关于组织开展人身保险治理销售乱象打击非法经营专项行动的通知
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| Notice of the China Insurance Regulatory Commission on Organizing and Conducting the Special Action of Combating Sale Chaos and Cracking down upon Illegal Business Relating to Personal Insurance | | 中国保监会关于组织开展人身保险治理销售乱象打击非法经营专项行动的通知 |
| (No. 283 [2017] of the China Insurance Regulatory Commission) | | （保监人身险〔2017〕283号） |
| All local offices of the China Insurance Regulatory Commission ("CIRC"); all insurance companies; and all insurance intermediary institutions: | | 各保监局、各人身保险公司、各保险中介机构： |
| For the purposes of implementing the spirit of the 19th CPC National Congress, the National Financial Work Conference and the Central Economic Work Conference, deeply advancing risk prevention and chaos combat relating to personal insurance, and practically protecting the lawful rights and interests of insurance consumers, the CIRC decided to organize and conduct the special action of combating sale chaos and cracking down upon illegal business relating to personal insurance (hereinafter referred to as the "special action"). The notification of relevant requirements is hereby given as follows: | | 为贯彻落实党的十九大精神、全国金融工作会议和中央经济工作会议精神，深入推进人身保险防风险、治乱象工作，切实保护保险消费者合法权益，中国保监会决定组织开展人身保险治理销售乱象打击非法经营专项行动（以下简称“治乱打非”专项行动）。现将有关要求通知如下： |
| I. Objectives and significance | | 一、目的意义 |
| We shall implement the spirit of the 19th CPC National Congress, the National Financial Work Conference and the Central Economic Work Conference, closely center on the arrangements of the CPC Central Committee and the State Council for economic work, effectively prevent and resolve substantial risks, efficiently prevent and dispose of risks in key fields, and firmly crack down upon insurance activities in violation of laws and regulations. We shall comprehensively take self-inspection and self-correction, random regulatory inspection, routine regulation, social supervision, and other means and measures, through strict inspection, tough punishment, and combat by strict law, strictly clamp down upon violations of laws and regulations, effectively combat chaos in personal insurance sale, channels, products, illegal business, and other various market chaos and problems, enhance the implementation of the regulatory system, improve business according to the laws and regulations, completely eliminate hidden risks, regulate the order of the personal insurance market, protect the lawful rights and interests of insurance consumers, and promote the regulated, sound, and quality development of the personal insurance industry. | | 贯彻落实党的十九大精神、全国金融工作会议和中央经济工作会议精神，紧紧围绕党中央、国务院经济工作部署，打好防范化解重大风险攻坚战，做好重点领域风险防范和处置，坚决打击违法违规保险活动。综合采取自查自纠、监管抽查、日常监管、社会监督等手段措施，通过严查重处、重典治乱，严厉打击违法违规行为，有效治理人身保险销售、渠道、产品、非法经营等各类市场乱象问题，强化监管制度落实，提升合法合规经营，彻底清除风险隐患，规范人身保险市场秩序，保护保险消费者合法权益，促进人身保险业规范健康高质量发展。 |
| II. Work principles | | 二、工作原则 |
| 1. Compliance with the laws and regulations, openness and transparency. Insurance laws and regulations shall be strictly abided by, relevant work procedures and work disciplines shall be observed, the full coverage of key business fields shall be adhered to, any problems of violations of the laws and regulations shall not be tolerated, punishment shall be given in a strict and lawful manner, and investigation and disposition results shall be disclosed to the public. The reports and complaints made by insurance consumers shall be investigated and processed according to the law, the progress in the special action shall be summarized and released in a notice in a timely manner, and social supervision shall be voluntarily accepted. | | （一）依法依规，公开透明。严格依照保险法律法规，遵守相关工作程序和工作纪律，坚持对重点业务领域全覆盖，对违法违规问题零容忍，依法从严从快进行处罚，公开查处结果。对保险消费者举报投诉应当依法调查处理，及时总结通报专项行动工作进展，主动接受社会监督。 |
| 2. Classification disposition and equal attention to punishment and prevention. For discovered problems, voluntarily reported problems and concealed or omitted problems, internal management problems and problems of violations of the laws and regulations, problems under minor circumstances and problems resulting in serious damage, and individual risk problems and substantial hidden risks shall be distinguished, targeted disposition measures shall be respectively taken according to the circumstances of violations of regulations and the nature of problems, and both temporary and permanent solutions as well as punishment and prevention shall be realized by taking classification measures and target-specific measures. | | （二）分类处置，惩防并举。对于发现的问题，应当区分主动报告问题和瞒报漏报问题、内部管理问题和违法违规问题、情节轻微问题和危害严重问题、个别风险问题和重大风险隐患，按照违规情节和问题性质，分别采取有针对性的处理措施，通过分类施策，对症下药，实现标本兼治，惩防并举。 |
| 3. Problem orientation and correction upon investigation. With discovered problems and revealed risks as orientation, with a focus on emerging and small problems as well as strict investigation and quick disposition as means, key problems and weak links shall be seized. Relevant problems and risks shall, once being discovered, be forthwith rectified and assertively processed, system loopholes shall be inspected and fixed in a timely manner, relevant businesses shall be supervised to raise their awareness of compliance, internal control management shall be constantly enhanced, and substantial progress in prevention and resolution of risks shall be promoted. | | （三）问题导向，立查立改。以发现问题、揭示风险为导向，以抓早抓小、严查快处为手段，抓住重点问题和薄弱环节。相关问题和风险一经发现，应当立即整改，果断处理，及时查补制度漏洞，督促相关经营主体切实提升合规意识，不断强化内控管理，推动防范化解风险工作取得实质性进展。 |
| 4. Combining investigation with research and focusing on the actual effect. Typical problems and key risks in the personal insurance market shall be solved by gathering forces, the deep-level reasons causing problems and risks shall be analyzed in depth, the fundamental measures to solve problems and resolve problems shall be researched on and offered, systems and mechanisms shall be reformed on the basis, the regulatory system shall be improved, and a permanent mechanism on preventing and resolving risks and regulating the market order shall be developed. | | （四）查研结合，注重实效。集中力量解决人身保险市场存在的典型问题和重点风险，深入剖析问题和风险产生的深层原因，研究提出解决问题、化解风险的根本措施，在此基础上改革体制机制，完善监管制度，构建防范化解风险、规范市场秩序的长效机制。 |
| III. Key points for rectification | | 三、整治重点
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