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无论从实践还是从理论的角度看,保险行业协会都享有制定规则的权利。保险行业协会的规则制定权来源于三个方面:协会成员的授予、法律法规的规定和政府机构的委托。保险行业协会可以在法律法规没有规定的领域或者规定不符合实际情况的领域制定规则,但要注意不能违反国家强行法,不能侵害第三人和协会成员的利益,不能损害社会公共利益。大部分国家的保险业不受反垄断法豁免,保险行业协会的固定价格规则、分割市场规则、行为标准规则易触犯反垄断法,本身违反原则和合理原则是判断规则是否触犯反垄断法的两个依据。
Both in practice and in theory, insurance industry associations have the right to make rules. Insurance industry associations rulemaking comes from three aspects: the membership of the Association, the provisions of laws and regulations and commissioned by government agencies. Insurance associations can make rules in areas that are not prescribed by laws and regulations or areas that do not conform to the actual situation. However, they should pay attention to not violating state jus cogens laws, violate the interests of the third party and the members of the association, and can not harm the public interests. In most countries, the insurance industry is exempt from the antitrust laws. The fixed price rules, market segmentation rules and standards of conduct of the insurance industry associations are likely to violate the antitrust laws. The principle of violation and the principle of reasonableness are the two A basis.