Legal Application For E-Commerce In Underwriting Of China

Legal Application for E-Commerce in underwriting of China makes a systematic exposition of the advantages and the legal problems to tackle for introducing E-commerce into the underwriting of China in particular. As a lawyer and legal advisers to several insurance companies, the author is expert in the legal affairs relating to the insurance and well familiar with the standards and operation procedures of the underwriting. At the same time the author is rather concerned about the development of Chinese underwriting with sound understanding of the confidence and diverse obstacles and difficulties for the underwriting in their efforts to develop E-commerce and seeks to make any contribution as much as possible to the development of E-commerce of Chinese underwriting. Writing this article, the author also hopes to draw attentions of the state legislative bodies and governmental departments concerned to this sector that they will gradually correct the disorder and chaos currently existing in Insurance E-commerce by enactment of law, regulation and policies, so that the underwriting of China can develop simultaneously with the E-commerce and get a leading position in the world. The main subjects of study for this article are the E-commerce and insurance. After briefing both of them, the article lays stress on how to introduce the E-commerce into the underwriting and makes the latter possess unmatchable advantage over the traditional. However we shall also beware that though advantageous it will be, there are almost no laws governing the Insurance E-commerce, which is an obvious lag behind the developed countries and inevitably makes the operation of Insurance E-commerce in reality very difficult and hard. To change such phenomenon, it is necessary to make analysis to the relevant legal problems which remains un-affirmative. The author will make an exposition form four aspects of the relevant legal problems, advanced foreign experience and feasible way of solution, etc in hope to draw attention of the legislators so as to assist the development of the Insurance E-commerce. The full text of this article is structured as follows: Introduction: Briefs the present situation of China's Insurance E-commerce development and the gap with international underwriting. Describes the broad prospects for the introducing E-commerce into the underwriting in China. Chapter I: Through briefing the development progression of underwriting and E-commerce, and application of E-commerce in underwriting, makes an exposition of the unique and unmatchable advantages possessed by the Insurance E-commerce over the traditional underwriting. This proves that the development of the Insurance E-commerce in China is imperative. Chapter II: Through briefing the international legislation of E-commerce, finds out the way to E-commerce legislation in China and makes an exposition of the importance to legislate on the Insurance E-commerce in China. Chapter III: The key-content of this article. The lag of legislation makes it impossible to standardize many derivative problems in the Insurance E-commerce and even in the entire E-commerce field with the existing legal means. The author tries to make analysis from the following sides:. Section1: The signing of the E-insurance contract (E-Insurance Policy) and the validity of the contract, the status of the policy-holder, confirmation of offer and acceptance, recuse measures against the electronic errors (electronic mistake), standard terms and other problems deriving thereof. Seeks a reasonable solution from the angle of law. Section 2: Suggests that the governments to apply standardization to the legal validity of the electronic signature and the control and selection of the certificate authority (CA) so as to strengthen the security and trustworthiness of the Insurance E-commerce by discussing the legal validity of the electronic signature and certification in combination with the advanced overseas experience. Section 3: Discusses the legal problems that may occur when the insur...