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目前 ,中国颁布实施的保险法律只有保险基本法———《保险法》 ,既包括保险合同法律规范 ,又包括保险公司法及监督管理法律规范 ;保险特别法———《海商法》有关海上保险合同的法律规定适用海上保险活动部门规章和规范性文件数量很多 ,但其效力微弱。根据世贸组织法律要求 ,中国的保险法律法规在不断完善的基础上应逐步取消对内资、外资保险公司不同的法律规定和限制 ,将逐步形成划一的国际化程度较高的保险法律体系。即取消国内、涉外保险法律的不同规定 ,使中国的保险法上升为具有国际性的法律。根据中国《保险法》颁布实施以来的实践 ,以及中国入世与保险市场开放承诺的法律要求 ,对《保险法》的修改成为当务之急
At present, the only insurance law promulgated and implemented in China is the “Insurance Law”, which includes not only the legal norms of insurance contracts but also the laws and regulations governing insurance companies and supervisions and administrations; the special law on insurance --- the maritime insurance contract under the “Maritime Law” The statutory requirements for marine insurance activities department rules and regulatory documents a lot, but its effectiveness is weak. According to the requirements of the WTO law, China's insurance laws and regulations should gradually eliminate different legal provisions and restrictions on domestic-funded and foreign-funded insurance companies on the basis of continuous improvement and gradually form a unified and highly internationalized insurance legal system. That is, the different provisions of domestic and foreign-related insurance laws are abolished and the insurance law in China is upgraded to an international law. According to China's “Insurance Law” since its promulgation and implementation of the practice, as well as China's accession to the WTO and the insurance market, the legal commitment to open, the “Insurance Law,” the amendment of the most urgent