中国保险公司破产重整中行政权与司法权的均衡

保险公司重整程序是一个多方权力参与、相互博弈的过程.如何处理重整程序中行政权与司法权之问的关系,将影响到保险公司重整程序能否顺利进行.我国保险公司重整程序中存在行政权“扩张”与司法权“收缩”的现象,要想使权力结构分配合理,应注重行政权与司法权之间的均衡,在保险公司重整程序中,采取行政权实质决策、司法权终局裁定的权力模式.只有合理处理行政权与司法权的关系,保险公司破产重整才能达到事半功倍的效果.

The Balance of the Executive Power and the Judicial Power in the Insurance Company Restructuring

Insurance company restructuring program is a multi-power participating and gaming process. How to handle the relationship between the executive power and the judicial power is essential for the success of insurance company reorganization. The current phenomenon which exists in our insurance company restructuring proceedings is the expansion of the executive power and contraction of the judicial power. To achieve a reasonable allocation of the power structure, attention should be paid to the balance between the executive power and the judicial power. In the insurance company restructuring proceedings, it is proposed to adopt the mode of executive power to be substantial decision while the judicial power to be the final ruling. Only in a reasonable resolved relationship between the executive power and the judicial power, insurance company bankruptcy restructuring can achieve a multiplier effect.