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| Order of the President of the People's Republic of China | | 中华人民共和国主席令 |
(No. 78) | |
（第78号） |
The Decision of the Standing Committee of the National People's Congress on Amending the Insurance Law of the People's Republic of China, adopted at the 30th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 28, 2002, is hereby promulgated and shall go into effect as of January 1, 2003. | |
《全国人民代表大会常务委员会关于修改＜中华人民共和国保险法＞的决定》已由中华人民共和国第九届全国人民代表大会常务委员会第三十次会议于２００２年１０月２８日通过，现予公布，自２００３年１月１日起施行。 |
Jiang Zemin President of the People's Republic of China | |
中华人民共和国主席 江泽民 |
October 28, 2002 | |
2002年10月28日 |
Decision of the Standing Committee of the National People's Congress on Amending the Insurance Law of the People's Republic of China | |
全国人民代表大会常务委员会关于修改《中华人民共和国保险法》的决定 |
(Adopted at the 30th Meeting of the Standing Committee of the Ninth National People's Congress on October 28, 2002) | |
（2002年10月28日第九届全国人民代表大会常务委员会第三十次会议通过） |
At its 30th meeting, the Standing Committee of the Ninth National People's Congress made the following amendments to the Insurance Law of the People's Republic of China: | |
第九届全国人民代表大会常务委员会第三十次会议决定对《中华人民共和国保险法》作如下修改： |
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| 1. Article 4 is revised to read: "Insurance activities shall be conducted in compliance with laws and administrative rules and regulations, with respect for public morality and on the principle of voluntary participation." | | 一、第四条修改为：“从事保险活动必须遵守法律、行政法规，尊重社会公德，遵循自愿原则。” |
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| 2. One article is added as Article 5, which reads: "In exercising their rights and performing their obligations, the parties to insurance activities shall follow the principle of good faith." | | 二、增加一条，作为第五条：“保险活动当事人行使权利、履行义务应当遵循诚实信用原则。” |
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| 3. Article 8 is changed to be Article 9 and is revised to read: "The insurance supervision and control authority under the State Council shall be responsible for supervision and control of the insurance industry in accordance with this Law." And "the financial supervision and control departmen" in the relevant Articles of this Law shall correspondingly be revised as the "insurance supervision and control authority". | | 三、第八条改为第九条，修改为：“国务院保险监督管理机构依照本法负责对保险业实施监督管理。”并相应地将有关条文中的“金融监督管理部门”修改为“保险监督管理机构”。 |
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| 4. Article 23 is changed to be Article 24, of which the first paragraph is revised to read: "The insurer shall, after receipt of a claim for indemnity or for payment of the amount insured from the insured or the beneficiary, determine the matter without delay, and inform the insured or the beneficiary of the result of the determination. Where responsibility lies with the insurer, the insurer shall fulfill its obligation for such indemnity or payment within 10 days after agreement is reached with the insured or the beneficiary on the amount of such indemnity or payment. If there are stipulations in the insurance contract on the sum insured and on the period within which indemnification or payment should be made, then the insurer shall fulfill its obligation accordingly." | | 四、第二十三条改为第二十四条，第一款修改为：“保险人收到被保险人或者受益人的赔偿或者给付保险金的请求后，应当及时作出核定，并将核定结果通知被保险人或者受益人；对属于保险责任的，在与被保险人或者受益人达成有关赔偿或者给付保险金额的协议后十日内，履行赔偿或者给付保险金义务。保险合同对保险金额及赔偿或者给付期限有约定的，保险人应当依照保险合同的约定，履行赔偿或者给付保险金义务。” |
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| 5. Article 31 is changed to be Article 32 and is revised to read: "The insurer or the reinsurance assignee shall be obligated to keep confidential all information obtained in the course of conducting insurance business regarding the business, financial position and individual privacy of the applicant, the insured, the beneficiary or the insurance assignor." | | 五、第三十一条改为第三十二条，修改为：“保险人或者再保险接受人对在办理保险业务中知道的投保人、被保险人、受益人或者再保险分出人的业务和财产情况及个人隐私，负有保密的义务。” |
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| 6. Article 67 is changed to be Article 68 and is revised to read: "Where insured events perils such as death, disability, or illness of the insured in insurance of the person result from acts of a third party, the insurer shall have no right of claim against the third party by subrogation after payment of the insurance benefits to the insured or the beneficiary. However, the insured or the beneficiary shall still have the right to demand compensation from the third party." | | 六、第六十七条改为第六十八条，修改为：“人身保险的被保险人因第三者的行为而发生死亡、伤残或者疾病等保险事故的，保险人向被保险人或者受益人给付保险金后，不得享有向第三者追偿的权利。但被保险人或者受益人仍有权向第三者请求赔偿。” |
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| 7. Article 87 is changed to be Article 88, to which one paragraph is added as the second paragraph, which reads: "Where life insurance contracts and reserve funds, as prescribed in the preceding paragraph, are transferred to or accepted by another insurance company designated by the insurance supervision and control authority, the legitimate rights and interests of the insured and the beneficiary shall be preserved." | | 七、第八十七条改为第八十八条，增加一款，作为第二款：“转让或者由保险监督管理机构指定接受前款规定的人寿保险合同及准备金的，应当维护被保险人、受益人的合法权益。” |
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| 8. Article 91 is changed to be Article 92, of which the second paragraph is revised to read: "No insurer may concurrently engage in both the business of property insurance and insurance of the person; however, an insurance company engaged in the business of property insurance may, upon approval by the insurance supervision and control authority, operate the short-term business of health insurance and accidental injury insurance." | | 八、第九十一条改为第九十二条，第二款修改为：“同一保险人不得同时兼营财产保险业务和人身保险业务；但是，经营财产保险业务的保险公司经保险监督管理机构核定，可以经营短期健康保险业务和意外伤害保险业务。” |
The fourth paragraph is revised to read: "No insurance company may concurrently engage in the business other than that provided for by this Law or other laws, or administrative rules and regulations." | |
第四款修改为：“保险公司不得兼营本法及其他法律、行政法规规定以外的业务。” |
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| 9. Article 93 is changed to be Article 94 and is revised to read: "Insurance companies shall, in accordance with the principle of safeguarding the interests of the insured and guaranteeing the capability of reimbursement, set aside all liability reserve funds." | | 九、第九十三条改为第九十四条，修改为：“保险公司应当根据保障被保险人利益、保证偿付能力的原则，提取各项责任准备金。 |
"Specific measures for setting aside and carrying forward the liability reserve funds to be done by insurance companies shall be formulated by the insurance supervision and control authority." | |
“保险公司提取和结转责任准备金的具体办法由保险监督管理机构制定。” |
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| 10. Article 96 is changed to be Article 97, to which one paragraph is added as the third paragraph, which reads: "Specific measures for control and use of the insurance protection fund shall be formulated by the insurance supervision and control authority." | | 十、第九十六条改为第九十七条，增加一款，作为第三款：“保险保障基金管理使用的具体办法由保险监督管理机构制定。” |
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| 11. Article 101 is changed to be Article 102 and is revised to read: "An insurance company shall arrange reinsurance in accordance with the relevant provisions specified by the insurance supervision and control authority." | | 十一、第一百零一条改为第一百零二条，修改为：“保险公司应当按照保险监督管理机构的有关规定办理再保险。” |
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| 12. Article 104 is changed to be Article 105, of which the third paragraph is revised to read: "No funds of an insurance company may be employed for the establishment of institutions dealing in bonds or securities or for the establishment of enterprises other than insurance companies." | | 十二、第一百零四条改为第一百零五条，第三款修改为：“保险公司的资金不得用于设立证券经营机构，不得用于设立保险业以外的企业。” |
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| 13. Article 105 is changed to be Article 106, to which one subparagraph is added as the fifth subparagraph, which reads: '(5) settling a false claim by purposely making up an insured event that never happens, to obtain insured amount by fraudulent means." | | 十三、第一百零五条改为第一百零六条，增加一项，作为第五项：“（五）故意编造未曾发生的保险事故进行虚假理赔，骗取保险金。” |
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| 14. Article 106 is changed to be Article 107 and is revised to read: "The insurance clauses and premium rates for risks insured that have a bearing on the interests of the public, for risks that are compulsorily insured in accordance with law, and for the newly developed life insurance shall be submitted to the insurance supervision and control authority for examination and approval. When conducting examination before giving approval, the insurance supervision and control authority shall abide by the principle of protecting the interests of the public and preventing unfair competition. The scope of and specific measures for examination and approval shall be formulated by the insurance supervision and control authority." | | 十四、第一百零六条改为第一百零七条，修改为：“关系社会公众利益的保险险种、依法实行强制保险的险种和新开发的人寿保险险种等的保险条款和保险费率，应当报保险监督管理机构审批。保险监督管理机构审批时，遵循保护社会公众利益和防止不正当竞争的原则。审批的范围和具体办法，由保险监督管理机构制定。 |
"The insurance clauses and premium rates for other insured risks shall be submitted to the insurance supervision and control authority for the record." | |
“其他保险险种的保险条款和保险费率，应当报保险监督管理机构备案。” |
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| 15. One article is added as Article 108, which reads: "The insurance supervision and control authority shall establish a sound indicator system for supervision and control over the solvency of insurance companies, in order to exercise supervision and control over the minimum solvency of the companies." | | 十五、增加一条，作为第一百零八条：“保险监督管理机构应当建立健全保险公司偿付能力监管指标体系，对保险公司的最低偿付能力实施监控。” |
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| 16. Article 107 is changed to be Article 109, to which one paragraph is added as the third paragraph, which reads: "The insurance supervision and control authority shall have the power to inquire of financial institutions about the deposits of insurance companies." | | 十六、第一百零七条改为第一百零九条，增加一款，作为第三款：“保险监督管理机构有权查询保险公司在金融机构的存款。” |
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| 17. Article 119 is changed to be Article 121 and is revised to read: "Insurance companies shall appoint and employ actuarial professionals recognized by the insurance supervision and control authority and establish an actuarial report system." | | 十七、第一百一十九条改为第一百二十一条，修改为：“保险公司必须聘用经保险监督管理机构认可的精算专业人员，建立精算报告制度。” |
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| 18. One article is added as Article 122, which reads: "Insurance companies shall see to it that matters of insurance business are truthfully recorded in the business reports, financial and accounting reports, actuarial reports and other relevant statements, documents and materials and that there are no false records, misleading statements or major omissions." | | 十八、增加一条，作为第一百二十二条：“保险公司的营业报告、财务会计报告、精算报告及其他有关报表、文件和资料必须如实记录保险业务事项，不得有虚假记载、误导性陈述和重大遗漏。” |
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| 19. Article 120 is changed to be Article 123, to which one paragraph is added as the second paragraph, which reads: "The loss adjusting organizations or experts employed according to law to carry out adjustments and appraisals of insured events shall conduct their business impartially in accordance with law. Where losses or damages are caused to the insurer or the insured intentionally or by mistake, the organizations or experts shall bear the liability to pay compensation in accordance with law." | | 十九、第一百二十条改为第一百二十三条，增加一款，作为第二款：“依法受聘对保险事故进行评估和鉴定的评估机构和专家，应当依法公正地执行业务。因故意或者过失给保险人或者被保险人造成损害的，依法承担赔偿责任。” |
Another paragraph is added as the third paragraph, which reads: "The loss adjusting organizations employed according to law to carry out adjustments and appraisals of insured events shall collect charges in accordance with the provisions of laws, administrative rules and regulations." | |
增加一款，作为第三款：“依法受聘对保险事故进行评估和鉴定的评估机构收取费用，应当依照法律、行政法规的规定办理。” |
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| 20. One article is added as Article 127, which reads: "Where the insurer authorizes an insurance agent to transact insurance business on its behalf, it shall sign an agreement to such an effect with the insurance agent, in which the rights and obligations of both parties and other agency matters are agreed upon according to law." | | 二十、增加一条，作为第一百二十七条：“保险人委托保险代理人代为办理保险业务的，应当与保险代理人签订委托代理协议，依法约定双方的权利和义务及其他代理事项。” |
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| 21. Article 124 is changed to be Article 128, to which one paragraph is added as the second paragraph, which reads: "Where an insurance agent, when transacting insurance business on behalf of the insurer, oversteps the authority delegated and the applicant has good reason to believe that it has the authority of agency, and has concluded an insurance contract with it, it shall bear the insured liability. However, the insurer may, in accordance with law, investigate the responsibility of the insurance agent that oversteps the authority delegated to it." | | 二十一、第一百二十四条改为第一百二十八条，增加一款，作为第二款：“保险代理人为保险人代为办理保险业务，有超越代理权限行为，投保人有理由相信其有代理权，并已订立保险合同的，保险人应当承担保险责任；但是保险人可以依法追究越权的保险代理人的责任。” |
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| 22. The second paragraph of Article 124 is changed to be Article 129 and is revised to read: "When transacting life insurance business, no individual insurance agents may accept authorization from two or more insurers concurrently." | | 二十二、第一百二十四条第二款改为第一百二十九条，修改为：“个人保险代理人在代为办理人寿保险业务时，不得同时接受两个以上保险人的委托。” |
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| 23. Article 126 is changed to be Article 131 and is revised to read: "When transacting insurance business, no insurance agents or brokers may commit any of the following acts: | | 二十三、第一百二十六条改为第一百三十一条，修改为：“保险代理人、保险经纪人在办理保险业务活动中不得有下列行为： |
"(1) deceiving the insurer, applicant, insured or beneficiary; | |
“（一）欺骗保险人、投保人、被保险人或者受益人； |
"(2) concealing material information with respect to the insurance contract; | |
“（二）隐瞒与保险合同有关的重要情况； |
"(3) preventing the applicant from fulfilling his obligation of making a full and accurate disclosure, or inducing the applicant not to fulfill his obligation of making a full and accurate disclosure; | |
“（三）阻碍投保人履行本法规定的如实告知义务，或者诱导其不履行本法规定的如实告知义务； |
" (4) promising to give the applicant, the insured or the beneficiary benefits other than the ones provided for in the insurance contract; or | |
“（四）承诺向投保人、被保险人或者受益人给予保险合同规定以外的其他利益； |
" (5) by taking advantage of the administrative powers and position, or of the occupational facilities, or by employing other illegitimate means, coercing or inducing the applicant to enter into an insurance contract." | |
“（五）利用行政权力、职务或者职业便利以及其他不正当手段强迫、引诱或者限制投保人订立保险合同。” |
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| 24. One article is added as Article 134, which reads: "The service fees for insurance agents and commissions for insurance brokers shall only be paid to the legally qualified insurance agents and insurance brokers, not to any other persons." | | 二十四、增加一条，作为第一百三十四条：“保险代理手续费和经纪人佣金，只限于向具有合法资格的保险代理人、保险经纪人支付，不得向其他人支付。” |
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| 25. One article is added as Article 136, which reads: "Insurance companies shall improve training and management of the insurance agents to enhance their professional ethics and competence, and they may not instigate or mislead them to conduct or into conducting activities in violation of the obligation of good faith." | | 二十五、增加一条，作为第一百三十六条：“保险公司应当加强对保险代理人的培训和管理，提高保险代理人的职业道德和业务素质，不得唆使、误导保险代理人进行违背诚信义务的活动。” |
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| 26. Article 131 is changed to be Article 138 and is revised to read: "An applicant, an insured or a beneficiary, who commits insurance fraud by means of any of the following acts, which constitutes a crime, shall be investigated for his criminal responsibility in accordance with law: | | 二十六、第一百三十一条改为第一百三十八条，修改为：“投保人、被保险人或者受益人有下列行为之一，进行保险欺诈活动，构成犯罪的，依法追究刑事责任： |
" (1) in the case of the applicant, deliberately falsifying the subject matter of the insurance and swindling the insured amount out of the insurer; | |
“（一）投保人故意虚构保险标的，骗取保险金的； |
" (2) falsely alleging the occurrence of an insured event which in fact has not occurred, and swindling the insured amount out of the insurer; | |
“（二）未发生保险事故而谎称发生保险事故，骗取保险金的； |
" (3) deliberately causing the occurrence of an event which leads to property damage and obtaining the insured amount by fraudulent means; | |
“（三）故意造成财产损失的保险事故，骗取保险金的； |
" (4) deliberately causing the occurrence of such insured events in the insurance of the person as death of the insured, injury and disability, or illness and obtaining the insured amount by fraudulent means; whereupon an insurance claim is fraudulently made; or | |
“（四）故意造成被保险人死亡、伤残或者疾病等人身保险事故，骗取保险金的； |
"(5) forging or tampering with certifications, data or other evidence related to the occurrence of the insured event, or abetting, instigating or bribing others to adduce false evidence, data, or other proofs, or cooking up the cause of the occurrence of the insured event or overstating the extent of loss, thereby obtaining the insured amount by fraudulent means. | |
“（五）伪造、变造与保险事故有关的证明、资料和其他证据，或者指使、唆使、收买他人提供虚假证明、资料或者其他证据，编造虚假的事故原因或者夸大损失程度，骗取保险金的。 |
"Administrative sanctions shall be imposed in accordance with the relevant regulations of the State if the circumstances attending any of the acts listed in the preceding paragraphs are minor and do not constitute a crime." | |
“有前款所列行为之一，情节轻微，尚不构成犯罪的，依照国家有关规定给予行政处罚。” |
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| 27. Article 132 is changed to be Article 139 and is revised to read: "Where an insurance company or one of its staff members, when transacting insurance business, conceals material information with respect to the insurance contract, and deceives the applicant, the insured or the beneficiary, or where the insurance company refuses to fulfill its obligation agreed to in the insurance contract to pay indemnity or insurance benefits, which constitute a crime, the insurance company shall be investigated for criminal responsibility in accordance with law. If the violation is not serious enough to constitute a crime, the insurance supervision and control authority shall impose on the insurance company a fine of not less than RMB 50,000 yuan but not more than 300,000 yuan; the staff member who violates the law shall be fined not less than 20,000 yuan but not more than 100,000 yuan; and if the circumstances are serious, restrictions shall be imposed on the business scope of the insurance company or the company shall be instructed to cease accepting new insurance business. | | 二十七、第一百三十二条改为第一百三十九条，修改为：“保险公司及其工作人员在保险业务中隐瞒与保险合同有关的重要情况，欺骗投保人、被保险人或者受益人，或者拒不履行保险合同约定的赔偿或者给付保险金的义务，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构对保险公司处以五万元以上三十万元以下的罚款；对有违法行为的工作人员，处以二万元以上十万元以下的罚款；情节严重的，限制保险公司业务范围或者责令停止接受新业务。 |
"An insurance company or one of its staff members that prevents the applicant from fulfilling his obligation of making a full and accurate disclosure, or induces the applicant not to fulfill his obligation of making a full and accurate disclosure, or promises to give unlawful premium rebates or other benefits to the applicant, the insured or the beneficiary, which constitutes a crime, shall be investigated for criminal responsibility in accordance with law; if the violation is not serious enough to constitute a crime, the insurance company shall be instructed by the insurance supervision and control authority to make rectification and shall be fined not less than 50,000 yuan but not more than 300,000 yuan; the staff member who violates the law shall be fined not less than 20,000 yuan but not more than 100,000 yuan; and if the circumstances are serious, restrictions shall be imposed on the business scope of the insurance company or the company shall be instructed to cease accepting new insurance business." | |
“保险公司及其工作人员阻碍投保人履行如实告知义务，或者诱导其不履行如实告知义务，或者承诺向投保人、被保险人或者受益人给予非法的保险费回扣或者其他利益，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构责令改正，对保险公司处以五万元以上三十万元以下的罚款；对有违法行为的工作人员，处以二万元以上十万元以下的罚款；情节严重的，限制保险公司业务范围或者责令停止接受新业务。” |
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| 28. Article 133 is changed to be Article 140 and is revised to read: "Where an insurance agent or an insurance broker deceives the insurer, the applicant, the insured or the beneficiary in his business operations, which constitutes a crime, the insurance agent or the insurance broker shall be investigated for criminal responsibility in accordance with law; if the violation is not serious constitute a crime, the insurance supervision and control authority shall instruct him to make rectification and impose upon him a fine of not less than 50,000 yuan but not more than 300,000 yuan; and if the circumstances are serious, the business license of the insurance agent or the insurance broker shall be revoked." | | 二十八、第一百三十三条改为第一百四十条，修改为：“保险代理人或者保险经纪人在其业务中欺骗保险人、投保人、被保险人或者受益人，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构责令改正，并处以五万元以上三十万元以下的罚款；情节严重的，吊销经营保险代理业务许可证或者经纪业务许可证。” |
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| 29. Article 134 is changed to be Article 141 and is revised to read: "Where an insurance company or one of its staff members deliberately fabricates the occurrence of an insured event and falsely settles a fictitious claim, thereby swindling the insured amount, which constitutes a crime, the insurance company or the staff member shall be investigated for criminal responsibility in accordance with law." | | 二十九、第一百三十四条改为第一百四十一条，修改为：“保险公司及其工作人员故意编造未曾发生的保险事故进行虚假理赔，骗取保险金，构成犯罪的，依法追究刑事责任。” |
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| 30. Article 135 is changed to be Article 142 and is revised to read: "Anyone who, in violation of the provisions of this law, establishes an insurance company or illegally engages in commercial insurance business shall be outlawed by the insurance supervision and control authority; if the violation constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; if the circumstances are not serious enough to constitute a crime, his unlawful gains shall be confiscated by the insurance supervision and control authority, and he shall be fined not less than the amount of, but not more than five times the amount of, the unlawful gains; and if there are no unlawful gains or the amount of the unlawful gains is less than 200,000 yuan, he shall be fined not less than 200,000 yuan but not more than one million yuan." | | 三十、第一百三十五条改为第一百四十二条，修改为：“违反本法规定，擅自设立保险公司或者非法从事商业保险业务活动的，由保险监督管理机构予以取缔；构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构没收违法所得，并处以违法所得一倍以上五倍以下的罚款，没有违法所得或者违法所得不足二十万元的，处以二十万元以上一百万元以下的罚款。” |
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| 31. Article 136 is changed to be Article 143 and is revised to read: "Where an insurance company, in violation of the provisions of this law, engages in insurance business beyond the scope of business approved or concurrently engages in the business other than that provided for by this Law, or other laws, or administrative rules and regulations, which constitutes a crime, it shall be investigate for criminal responsibility in accordance with law; if the circumstances are not serious enough to constitute a crime, the insurance supervision and control authority shall instruct the insurance company to make rectification and to return the premiums collected, shall confiscate its unlawful gains and shall impose on it a fine of not less than one time the amount of, but not more than five times the amount of, its unlawful gains; and if there are no unlawful gains or the amount of the unlawful gains is less than 100,000 yuan, it shall be fined not less than 100,000 yuan but not more than 500,000 yuan; and if the insurance company fails to make rectification within the specified time limit or if the consequences are serious, the said authority shall instruct it to suspend business operation for rectification or revoke its insurance business license." | | 三十一、第一百三十六条改为第一百四十三条，修改为：“违反本法规定，超出核定的业务范围从事保险业务或者兼营本法及其他法律、行政法规规定以外的业务，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构责令改正，责令退还收取的保险费，没收违法所得，并处以违法所得一倍以上五倍以下的罚款；没有违法所得或者违法所得不足十万元的，处以十万元以上五十万元以下的罚款；逾期不改正或者造成严重后果的，责令停业整顿或者吊销经营保险业务许可证。” |
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| 32. Article 138 is changed to be Article 145, of which the second subparagraph is revised to read: "(2) failing to set aside or carry forward all the liability reserve funds, or set aside an outstanding loss reserve, as required"; And one subparagraph is added as eighth subparagraph, which reads: "(8) failing to submit for examination and approval the insurance clauses and premium rates for risks, as required." | | 三十二、第一百三十八条改为第一百四十五条，第二项修改为：“（二）未按照规定提取或者结转各项责任准备金或者未按照规定提取未决赔款准备金的”；增加一项，作为第八项：“（八）未按照规定将应当报送审批的险种的保险条款和保险费率报送审批的。” |
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| 33. Article 139 is changed to be Article 146, of which the second subparagraph is revised to read: "(2) failing to submit for the record the insurance clauses and premium rates for risks, as required." | | 三十三、第一百三十九条改为第一百四十六条，第二项修改为：“（二）未按照规定将应当报送备案的险种的保险条款和保险费率报送备案的。” |
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| 34. Article 140 is changed to be Article 147 and is revised to read: "Where an insurance company, in violation of the provisions of this Law, commits one of the following acts, which constitutes a crime, it shall be investigated for criminal responsibility in accordance with law; if the circumstances are not serious enough to constitute a crime, the insurance supervision and control authority shall instruct the insurance company to make rectification and shall impose on it a fine of not less than 100,000 yuan but not more than 500,000 yuan; and if the circumstances are serious, the authority may impose restrictions on its scope of business, instruct it to cease accepting new insurance business or revoke its insurance business license: | | 三十四、第一百四十条改为第一百四十七条，修改为：“违反本法规定，有下列行为之一，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构责令改正，处以十万元以上五十万元以下的罚款；情节严重的，可以限制业务范围、责令停止接受新业务或者吊销经营保险业务许可证： |
"(1) submitting false reports, statements, documents and information; or | |
“（一）提供虚假的报告、报表、文件和资料的； |
"(2) refusing to accept or hindering inspection and supervision conducted in accordance with law." | |
“（二）拒绝或者妨碍依法检查监督的。” |
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| 35. Article 142 is changed to be Article 149 and is revised to read: "Any unit that, in violation of the provisions of this Law and without the license for insurance agent business or insurance brokerage business, illegally engages in insurance agent business or insurance brokerage business shall be outlawed by the insurance supervision and control authority; if the violation constitutes a crime, it shall be investigated for criminal responsibility in accordance with law; if the circumstances are not serious enough to constitute a crime, the said authority shall confiscate its unlawful gains and impose on it a fine of not less than the amount of but not more than five times the amount of the unlawful gains; and if there are no unlawful gains or the amount of the unlawful gains is less than 100,000 yuan, it shall be fined not less than 100,000 yuan but not more than 500,000 yuan." | | 三十五、第一百四十二条改为第一百四十九条，修改为：“违反本法规定，未取得经营保险代理业务许可证或者经纪业务许可证，非法从事保险代理业务或者经纪业务活动的，由保险监督管理机构予以取缔；构成犯罪的，依法追究刑事责任；尚不构成犯罪的，由保险监督管理机构没收违法所得，并处以违法所得一倍以上五倍以下的罚款，没有违法所得或者违法所得不足十万元的，处以十万元以上五十万元以下的罚款。” |
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| 36. Article 143 is changed to be Article 150 and is revised to read: "With regard to the senior managers and other persons of an insurance company who are directly responsible for a violation of the provisions of this Law, which is not serious enough to constitute a crime, the insurance supervision and control authority may, on the merits of each case, give a disciplinary warning, instruct to have them replaced, or impose a fine of not less than 20,000 yuan but not more than 100,000 yuan." | | 三十六、第一百四十三条改为第一百五十条，修改为：“对违反本法规定尚未构成犯罪的行为负有直接责任的保险公司高级管理人员和其他直接责任人员，保险监督管理机构可以区别不同情况予以警告，责令予以撤换，处以二万元以上十万元以下的罚款。” |
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| 37. Article 145 and Article 146 are put together to make Article 152 and are revised to read: "An official who approves the application for establishment of an insurance company which does not meet the requirements stipulated by this Law, or approves the application for insurance agent or insurance broker which does not meet the requirements stipulated by this Law, or commits other acts by abusing their powers or neglecting their duties, which constitutes a crime, shall be investigated for criminal responsibility in accordance with law; and if the violation is not serious enough to constitute a crime, he shall be given administrative sanctions in accordance with law." | | 三十七、第一百四十五条、第一百四十六条合并为一条，作为第一百五十二条，修改为：“对不符合本法规定条件的设立保险公司的申请予以批准，或者对不符合保险代理人、保险经纪人条件的申请予以批准，或者有滥用职权、玩忽职守的其他行为，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，依法给予行政处分。” |
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| 38. Article 148 is changed to be Article 154 and is revised to read: "This Law shall be applicable to Chinese-foreign equity insurance companies, wholly foreign-funded insurance companies and branches of foreign insurance companies; where other laws and administrative rules and regulations provide otherwise, the provisions there shall prevail." | | 三十八、第一百四十八条改为第一百五十四条，修改为：“中外合资保险公司、外资独资保险公司、外国保险公司分公司适用本法规定；法律、行政法规另有规定的，适用其规定。” |
In addition, on the basis of this Decision, corresponding revisions and readjustments shall be made respectively to the wordings and order of some articles of this Law. | |
此外，根据本决定对部分条文的文字作相应修改并对条文顺序作相应调整。 |
This Decision shall go into effect as of January 1, 2003. | |
本决定自２００３年１月１日起施行。 |
The Insurance Law of the People's Republic of China shall be epromulgated after the revisions are made according to this Decision. | |
《中华人民共和国保险法》根据本决定作相应修改，重新公布。 |
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