关于保险公估的市场定位和法律效力,业界一直未能形成共识,在立法、司法判决、监管制度、行业发展策略等方面争议不断,直接影响了公估业管理制度和行业发展,制约了保险业细化分工,降低运行成本,提高消费者福利的内在需求。保险公估市场定位和名称界定保险公估脱胎于委托代理关系。保险公估机构接受保险合同当事人的委 With regard to the market positioning and legal effect of insurance assessment, the industry has not been able to reach a consensus. There has been a lot of controversies in legislation, judgments, regulatory systems and industry development strategies that have a direct impact on the management system of public valuations and the development of the industry, Industry refinement of division of labor, lower operating costs and enhance the inherent needs of consumers. Insurance assessment of the market positioning and the definition of the name of the insurance estimate born in the agency relationship. The insurance assessor accepts the commission of insurance contract