中华人民共和国保险法（二）

life insurance may not accept commission from two or more insurers concurrently.

　　Article 125 Where a loss， due to the mistake of an insurance broker， is caused to an applicant for insurance or an insured， the insurance broker shall bear the liability for indemnity.

　　Article 126 Any insurance agent or any insura

nce broker， when handling insurance business， may not take the advantage of its administrative power， position or occupation as well as other unfair means to force， induce or restrict an applicant for insurance to make an insurance contract.

　　Article 127 Any insurance agent or any insurance broker shall meet the qualification requirements stipulated by the financial supervision and control department， obtain a permit to engage in the insurance agency service or a permit to engage in the insurance brokerage service issued by the financial supervision and control department， go through registration with the administrative department for industry and commerce， receive a business licence and deposit guarantee fund or buy a professional liability insurance policy.

　　Article 128 Any insurance agent or any insurance broker shall have its own business place， set up special books to enter revenue and expenditure of insurance agency service or insurance brokerage service， and accept the supervision of the financial supervision and control department.

　　Article 129 Any insurance company shall set up a registration book in which its insurance agents are entered.

　　Article 130 The provisions of Articles 105， 107 and 117 of this Law shall apply to the insurance agent and the insurance broker.

　　Chapter VII Legal Responsibility

　　Article 131 Where an applicant for insurance， an insured or a beneficiary commits one of the following acts， carrying out activities of insurance deceit， which constitutes a crime， criminal responsibility shall be investigated according to law：

　　（1） an applicant for insurance intentionally fabricates the subject-matter insured so as to defraud of the insurance；

　　（2） falsifying the happening of an insurance accident which has not occurred so as to defraud of the insurance；

　　（3） intentionally causing an insurance accident which inflicts a loss on property so as to defraud of the insurance；

　　（4） intentionally causing a life insurance accident such as death， injury， disability or disease of the insured so as to defraud of the insurance； or

　　（5） forging or altering proofs， materials or other evidences relating to the insurance accident， or instigating， inducing or paying others to provide false proofs， materials or other evidences， fabricating false causes， or exaggerating the degree of losses so as to defraud of the insurance.

　　Whoever commits one of the acts listed in the preceding paragraph， if the circumstances are minor and the act does not constitute a crime， shall be given administrative penalties according to relevant regulations of the state.

　　Article 132 Where an insurance company and its employee（s）， in insurance business， conceal important information relating to an insurance contract， cheat an applicant for insurance， an insured or a beneficiary， or refuse to perform the liability of indemnity or payment of insurance as contracted and this act constitutes a crime， criminal responsibility shall be investigated according to law； if no crime is constituted， the financial supervision and control department shall impose a fine of from 10，000 yuan to 50，000 yuan on the said company， and give the employee（s） having violated the law disciplinary sanctions and impose a fine below 10，000 yuan concurrently.

　　Where an insurance company and its employee（s） hinder an applicant for insurance from performing the obligation of really informing or induce an applicant for insurance into not performing the obligation of really informing， or promise an applicant for insurance， an insured or a beneficiary of offering illegal insurance premium rebate or other interests， the financial supervision and control department shall order them to correct and impose a fine of from 10，000 yuan to 50，000 yuan on the said company， and take disciplinary sanctions against the employee（s） having violated the law and impose a fi

ne below 10，000 yuan concurrently.

　　Article 133 Where an insurance agent or an insurance broker cheats an applicant for insurance， an insured or a beneficiary， during business activities， the financial supervision and control department shall order it to correct， and impose thereon a fine of from 10，000 yuan to 50，000 yuan concurrently； if the circumstances are serious， the financial supervision and control department shall revoke its permit to engage in insurance agency service or its permit to engage in insurance brokerage service. If a crime is constituted， criminal responsibility shall be investigated according to law.

　　Article 134 Where any employee of an insurance company， taking the advantage of duties， intentionally fabricates an insurance accident not occurred and makes false indemnity so as to defraud of insurance， criminal responsibility shall be investigated according to law.

　　Article 135 Whoever， in violation of the provisions of this Law， and without approval， establishes an insurance company or engages in illegally commercial insurance business activities， shall be investigated for criminal responsibility according to law， and the financial supervision and control department shall ban this illegal operation. If the circumstances are minor， and no crime is constituted， administrative penalties shall be given against him.

　　Article 136 Any one， in violation of the provisions of this Law， engages in the insurance business beyond the business scope checked and ratified， the financial supervision and control department shall order him to correct and to return the insurance premium already collected， and confiscate his illegal gains， if he has such illegal gains， and imposed a fine of from one time to five times of the illegal gains concurrently； if he has no illegal gains， the department shall impose a fine of from 100，000 yuan to 500，000 yuan on him； if he fails to make correction beyond the specified time limit， and causes serious consequences， the department shall order him to suspend his business for rectification or revoke his permit to engage in the insurance business.

　　Article 137 Where an insurance company， in violation of the provisions of this Law， makes unauthorized changes of such matters as the company's designation， articles of association， registered capital or business place of the company or its branch， the financial supervision and control department shall order it to make correction and impose a fine of from 10，000 yuan to 100，000 yuan on it concurrently.

　　Article 138 Where an insurance company， in violation of the provisions of this Law， commits one of the following acts， the financial supervision and control department shall order it to make correction， and impose a fine of from 50，000 yuan to 300，000 yuan on it concurrently； and if the circumstances are serious， the financial supervision and control department may restrict the company's business scope and order it to stop accepting new business or revoke its permit to engage in the insurance business：

　　（1） failing to deposit guarantee fund according to regulations or putting， in violation of regulations， the guarantee fund to use；

　　（2） failing to withdraw or carry forward undue liability reserve fund according to regulations or failing to with draw outstanding loss reserve according to regulations；

　　（3） failing to withdraw insurance guarantee fund and accumulation fund according to regulations；

　　（4） failing to handle outward reinsurance business according to regulations；

　　（5） using capital of the insurance company in involution of regulations；

　　（6） setting up branches or representative offices without approval； or

　　（7） splitting or merging without approval.

　　Article 139 Where an insurance company， in violation of the provisions of this Law， commits one of the following acts， the financial supervision and control department

shall order it to make correction and impose a fine of from 10，000 yuan to 100，000 yuan if the company fails to make correction within the specified time limit：

　　（1） failing to submit， according to the regulations， relevant reports， statements， documents and materials； or

　　（2） failing to submit， according to the regulations， the insurance clauses and insurance premium rates of the planned kinds of risks for the record.

　　Article 140 Whoever， in violation of the provisions of this Law， commits one of the following acts， shall be ordered to make correction and imposed a fine of from 100，000 yuan to 500，000 yuan by the financial supervision and control department：

　　（1） providing false reports， statements， documents or materials； or

　　（2） refusing or hindering inspection and supervision carried out according to law.

　　Article 141 Whoever， in violation of the provisions of this Law， commits one of the following acts， shall be ordered to make correction and imposed a fine of from 50，000 yuan to 300，000 yuan by the financial supervision and control department：

　　（1） accepting excess insurance and the circumstances are serious； or

　　（2） accepting insurance in which death is the prerequisite of payment of insurance for a person without civil capacity.

　　Article 142 Any one， in violation of the provisions of this Law， illegally engages in insurance agency service or insurance brokerage service without receiving

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