On The Regulation Of Information Interest Imbalance Of Internet Insurance Contract

The topic of this paper is On the Regulation of Information Interest Imbalance of Internet Insurance Contract。This paper focuses on the regulation of the further imbalance between the insurer and the insurer,which is caused by the intensification of the asymmetric information of the contract.The first chapter is mainly to discuss that the imbalance of information interest in Internet insurance contracts is caused by the intensification of information imbalance.With the rapid development of Internet insurance,the balance of information interests of Internet insurance contracts has been impacted.The Internet insurance contract is that the insurant and the insurer to complete the premium payment,contract performance and accident claims through the Internet insurance platform.In the form,it shows the characteristics of technology,virtuality and universality.In terms of law,it shows that the rule of identity recognition has become technicalization,the rule of meaning expression has been alienated,and the rule of offer commitment has also changed.At the same time,The information asymmetry between the insurers and the insured aggravates the advantages and information technology advantages formulated by the contract terms,which results in the imbalance of the information interests of the parties.If we do not regulate the imbalance of information interests in the Internet insurance contract,it will not only encroach on the interests of the insured,but also cause a lot of insurance contract disputes,and it will also affect the development of the Internet insurance industry.The second chapter mainly discusses the principle of the traditional insurance contract information interest imbalance regulation,which application in the Internet.In the traditional insurance contract theory,it mainly adjusts the information asymmetry of the insurance contract through the principle of utmost good faith,the principle of insurance interest and the rule of information cost.In the traditional system,the purpose of information disclosure is to fulfill the obligation of disclosure and obligation of truthfully disclosure before the event.Meanwhile,in order to balance the interests of insurance contracts,the umpire corrections the asymmetric information by means of contract interpretation.Therefore,we need to strengthen the performance of Internet insurers’ obligation to explain,expand the subject and content of the obligation,strengthen the administrative responsibility of the main body,and fulfill the obligation of explanation better through the Internet technology.The third chapter mainly discusses that the strengthening of the insurer’s obligation to explain.In the Internet insurance contract,in addition to the general indication obligation and clear description obligation,it also add the special obligation.Through the investigation of 528 cases,we found that the characteristics of the insurance obligation of Internet insurance contract,which is the program,disintermediation,one-way.At the same time,there are serious problems in the implementation of Internet insurance contract obligations,such as poor performance,mixed with product marketing and serious formalization.The fourth chapter mainly discusses the weakening of the truthfully informed obligation of the insured in the Internet insurance contract.In the Internet insurance contract,the policyholder mainly provides information about the insured,the information of the insured or the insured,and the insurer’s insurance interest.Through the analysis of the 528 Internet insurance contracts,we find that the form of implementation of the online insurance contract is substantially weakened,and the insurers can truthfully inform the insured through Internet technology and increase the general terms.The cause of these phenomena is mainly due to the technological development of the insurer and the setting up of the insurer in advance.Therefore,we can further weaken the performance of the truthfully informing obligation of the insured in the Internet insurance contract.The fifth chapter mainly discusses rectify the imbalance of information interest through contract interpretation.Although the insurer’s obligation and the applicant’s truthful disclosure obligation can rectify the imbalance of information interest through the disclosure of information before the event.However,when the related subjects fail to fulfill the above obligations or fulfill the above obligations,they still can not achieve the balance of information interests,so the judges need to rectify the balance of information interests through contract interpretation later.The interpretation of the Internet insurance contract is due to the existence of a loophole in the Internet insurance contract.The last part is the conclusion.In the Internet insurance contract,the information asymmetry between the insurers and the policyholders is further aggravated,resulting in the imbalance of information interests between the parties of the insurance contract.In order to rectify the above information interest imbalance,we can achieve the goal of balancing the interests between the insurer and the insured through intervening the obligations of the insurer before the insurer and the system adjustment of the truthfully informing obligation of the insured and the intervention tools afterwards.With the further development of Internet insurance,especially the intervention of 5G technology,block chain technology and AI technology,the imbalance of information interests of insurance contracts will further highlight.In a word,the development of the new technology will lead to new changes and the need for new legal systems to be effectively regulated.