Research On Protective System For Internet Insurance Consumers' Rights And Interests

In recent years,thanks to the continuous advancement of Internet information technology and e-commerce technology,China's Internet insurance industry has flourished.The traditional insurance industry has begun to extend to the Internet platform.It has become an insurance institution in recent years to sell insurance products and provide insurance services to consumers through the Internet.The trend of business development,breaking the space and time constraints under the traditional sales model,Internet insurance began to explode huge potential,but at the same time due to the lack of legal supervision,a lot of new problems appeared in practice,the insurance consumer rights and interests were seriously damaged.Based on this,the central proposition of this paper is: under the premise of establishing the concept of “insurance consumer”,the three main stages of the experience of purchasing Internet insurance products from insurance consumers,namely,pre-sales product access,sale and understanding The three main stages of inquiry and after-sales dispute resolution,compared with the traditional insurance operation mode,analyze the current problems of the protection of Internet insurance consumer rights in China in these three stages: the market access mechanism of presale Internet insurance products is not Sound and insured insurers explain that their obligations are not fulfilled,and the dispute resolution mechanism for post-sale Internet insurance is not perfect.Learn from the experience of legislation and practice in countries with advanced insurance systems,and analyze the development status of China to explore China's Internet insurance consumption.The relevant path for the protection of rights and interests.Focusing on this proposition,this article begins with a discussion.The full text is composed of an introduction and four parts.The particularity of Internet insurance is that its sales method has changed from the traditional offline mode to the Internet mode.This article focuses on the problems caused by the change of sales methods.According to the process sequence of insurance consumers purchasing Internet insurance products,compare and discuss the Internet one by one.The problems that may occur in the three main stages of the insurance process,so as to analyze the above problems and explore specific solutions.The introduction part explains the background,significance and value of the research,and briefly reviews the current status of Internet insurance consumer rights protection in China,and puts forward the general idea of this paper.The first chapter is the legal determination of the concept of “insurance consumers”.First of all,the basis for protecting the legitimate rights and interests of Internet insurance consumers lies in the concept of “insurance consumers”.Under the process of deepening financial innovation,some non-professional “financial investors” are beginning to face the transformation and transformation of roles,and gradually The camp of financial consumers is close.At the same time,the new problems in the protection of "insurance consumers" in the context of the Internet require all parties to study the new approach to the protection of "insurance consumers" under the Internet insurance sales model from a substantive and fair perspective.Therefore,this paper starts from the legal basis,legal basis and practical basis of the concept of “insurance consumers”,and demonstrates the foundation of the concept of “insurance consumers”.Secondly,the definition of “insurance consumers” is mainly The analysis is carried out through the following two key points: First,the definition of the scope of the “insurance consumer”,that is,whether the “insurance consumer” should be arranged for the legal person and other organizations;Second The definition of the scope of the “insurance consumer”,that is,whether Life consumption is a prerequisite for limiting “insurance consumers”.On the basis of the first question,this section proposes that according to the different understandings and discussions on this issue in the current academic circles,it should not exclude the legal person and other organizations from the "insurance consumers" according to the requirements of the fair view of economic law.The scope should take into account the weak position of small and micro enterprises,consider the purpose of purchasing insurance,its economic strength,negotiating ability and information mastery,and allow it to refer to the applicable consumer protection law.For the second question,after narrowing down the problem,by analyzing the nature and characteristics of the new investment-type insurance,it is considered that the scope of interpretation of “life consumption” should not be excessively restricted,and it is proposed to determine whether the application of the insurance product is The idea of protecting the law.The second chapter,Pre-sales Supervision: The Supervision System for Internet Insurance Products.This chapter starts from the product side and discusses the imperfect mechanism of the market access and exit system of Internet insurance products.The discussion on this issue is generally divided into two approaches: one is insurance channel supervision;the other is product innovation supervision.There are four subsections in the layout of the paper chapters: the first section analyzes the status quo of Internet insurance products supervision;the second section draws on the experience of extraterritorial domain,examines the supervision system of Internet insurance products in Taiwan,and draws on its insurance for Internet insurance.The characteristics of restrictions,premium restrictions,and insurance interest restrictions are derived from the enlightenment of China's Taiwanese mutual supervision system to China.In the third section,based on the supervision status of Internet insurance products and the reference to China's Taiwan regulatory system,we try to build a country that conforms to China.The actual Internet insurance product supervision system;firstly,it discusses the product channel supervision system of Internet insurance,and analyzes the situation that some insurance types have inappropriate Internet sales,and concludes that it is necessary to judge whether the traditional insurance is suitable for Internet channel sales.Considering the relevant elements,making recommendations on the channel supervision of Internet insurance products in China;secondly,discussing the innovation supervision system of Internet insurance products,and drawing on relevant policies through the analysis of new insurance products in the Internet insurance market.Lead,summed up several key principles of Internet insurance product innovation to be followed to guide the direction of realization of Internet insurance product innovation;Section IV of this chapter summarize,a synthesis of the regulatory path to the Internet insurance products in China.The third chapter,transaction protection: Internet insurance consumers' right to know.This chapter starts from the sales side and selects the most prominent problem in the Internet insurance sales process,that is,the insurer indicates that the obligation is not fulfilled.For this question,this chapter is divided into four subsections: The first section explains the obligations of the Internet insurer.The status quo of the situation is analyzed.Through the three aspects of the implementation status of the insurer's obligation under Internet insurance,special requirements and judicial disputes,the insurance sales rights of the insurance consumers and the insurers' performance obligations are summarized.The fundamental contradiction lies in the fact that the interest game between the insurance consumer and the insurer is always in the conflict of the trade-off because of the degree of fulfillment of the obligation.Then it puts forward the idea of solving this conflict by introducing the principle of reasonable expectation outside the domain.The second section draws on the experience of extraterritorial.This section introduces the principle of reasonable expectation of the United States,and draws its development from the principle of reasonable expectation.In the third section,based on the status quo of the implementation of the obligations of the Internet insurer and the principle of reasonable expectation of the United States,the author establishes the institutional concept of introducing the principle of reasonable expectation in China,and discusses the necessity and feasibility of introducing the principle of reasonable expectation in China.From the perspectives of the rapid development of Internet insurance,the establishment of consumer confidence,and the improvement of insurance products,the necessity of introducing the principle of reasonable expectation in China is discussed;it is compatible with the basic principles of the insurance law,and compatible with the insurance contract interpretation system and the trial system.This paper discusses the feasibility of introducing the principle of reasonable expectation in China.Finally,the applicable conditions and restrictions of the principle of reasonable expectation in Internet insurance are further clarified from the applicable subject and the scope of application.The fourth chapter summarizes this chapter and comprehensively discusses the construction path of China's reasonable expectation principle.The fourth chapter,Dispute Resolution: The Internet insurance dispute resolution mechanism is perfect.This chapter begins with the sale of the back end,and discusses the improvement of the Internet insurance dispute resolution mechanism.For this problem,this chapter is also discussed in four subsections: The first section analyzes the current situation of China's Internet insurance dispute resolution mechanism,through the introduction of China's existing Internet insurance dispute resolution mechanism,Internet insurance common legal disputes and their It has three characteristics: the characteristics and the difficulties faced by insurance consumers.The second section draws on extraterritorial experience.This section introduces the UK's Financial Ombudsman System(FOS)and the US Selective Dispute Resolution System(ADR).It draws its enlightenment to China from the institutional construction of the above-mentioned extraterritorial dispute resolution mechanism.Based on the institutional experience of the United States' Ombudsman system and the US selective dispute resolution system,and in the third section,combined with the development status of China's Internet insurance dispute resolution,the three sections put forward suggestions for improving the Internet insurance dispute resolution mechanism in China.The internal complaint handling mechanism of insurance institutions is discussed as a pre-procedure,a "one-stop" online solution model for building Internet insurance disputes,and a three-way mechanism for improving the judicial system and mediation platform,and exploring the establishment of "national Internet insurance".The online dispute mediation mechanism will fully play the role of dispute resolution methods such as negotiation,mediation,arbitration,litigation,etc.,and reconstruct China's Internet insurance dispute resolution channels.The fourth section summarizes this chapter and comprehensively discusses the improvement path of China's Internet insurance dispute resolution mechanism.In short,in order to clarify the difficulties and controversies in the protection of Internet insurance consumer rights and interests,and to solve the confusion and obstacles in the reconstruction of related systems,this paper combs and explains the theory and application of insurance consumer rights protection,starting from the current development status of Internet insurance.Guided by the problems existing in practice,through analysis and research on the problems and deficiencies of Internet insurance consumers in the protection of rights and interests,learning from relevant foreign legislation and practical experience,exploring the relevant path of China's Internet insurance consumer rights protection,and drawing the Internet Personal opinions and suggestions on the protection of consumer rights and interests,with a view to building a complete Internet insurance consumer rights system and promoting the continued healthy operation of the Internet insurance industry.