Document Type : Original Research Paper
Authors
Department of Public Law, Shahid Beheshti University, Tehran, Iran
Abstract
The stability of the insurance industry - as a pillar of the country's financial market - and guaranteeing the rights of the parties to the contract is essential. Today, ensuring its efficiency and sustainability is done by transitioning from the approach of macro-governments from the traditional form of command-control system, which has a mandatory and inflexible aspect, to the regulation internalization system, which was formed under the influence of the original-representative theory. In this article, according to the hypothesis of better efficiency in the light of optimal regulation according to the correct principles and international standards, the necessity of distinguishing the position of the government and the regulatory body (with the approach of promoting the private sector) is taken into consideration, and while analyzing the state of its regulation in the country, the concern of achieving It is studied in a model that fits these standards from a formal and substantive point of view in the interaction and the determined ratio of the necessary components in the competent regulation process. Therefore, in this article, while explaining the status of existing insurance regulation in terms of the desirable principles of regulation and standards (IAIS), an appropriate model for the sector regulator is tried to be made in the dual ratio measurement of the government-private sector with the use of appropriate legal mechanisms. Therefore, the necessity of correcting, compiling and preparing appropriate regulations in the direction of moving towards self-regulation of this industry is expressed.
Keywords
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