Legal Issues Study On The Card Electronic Policy

With the acceleration of insurance industry and Internet integration,insurance institutions accelerate the integration strategy of the Internet to layout.According to their own characteristics,insurance companieshave introduced many new insurance products by using the powerful Internet platform.Among them,the self-service insurance card is a kind of the cardholder to use account and password,Through the activation of the official website of the insurance company,the system directly generates electronic policy products,has the advantages of low cost,insurance and convenient.But there are some differences between the product and the traditional insurance products in sales model,cardholders need activate insurance card through the Internet after offline purchases to obtain electronic insurance policy.The existence of difference causes the frequent disputes in practice,disputes focus on the establishment of the insurance contract,the time of entry into force,the period of insurance liability,and the insurer's explicit obligation..For these problems,academic circles have not formed a unified point of view,the judicial referee for theoretical basis is different,various regions courts have different referee results,the rights of both parties can not be guaranteed.This article will take the cases for the index,sum up the focus of controversy involved in the electronic card policy disputes,puts forward my own views based on analysing of the existing theories,try to respond to the problems and confusion in the judicial practice,provide more clear ideas and more powerful arguments for judicial adjudication..In detail,the paper is grouped into four chapters below:First chapter defines the concept of card electronic policy,lists and explainstheir special characteristics compared with the traditional policy,then introduces with two cases,draw forth the afocus in the self-service insurance card disputes.Find out the causes of controversywhen applyingtraditional insurance contract system to resolve such disputes.Chapter two mainly elaborates the effective time of the card electronic policy.Starting with one case mentioned in first chapter,the author discusses the effective time,and the start time of the insurance liability based on definitingthe "purchase" and "activate" two key behavior.This paper selects a new perspective to analyse problems based on commenting the existing doctrines,Starting from the connotation and the effectiveness of the "special remind" on policy,decides that the insurance contracthas come into force since the electronic policy was generated,and the start time of the insurance liability depends on the "special remind" on policy.Chapter three mainly discusses the identification standard of the explicit explanatory dutyon card electronic policy.Because the card electronic policy has certain particularity,this standard should be different from the traditional policy.Combined with the card electronic insurance business process,this paper determinesthe performance time is activation time.Taking into account the special features of self insurance card activation,try to improve the way of performance in use of the Internet.Referencing from the German legislation,the performance criteria should mmet procedural standards,while regulating the standard termsto protect the interests of policyholders.Chapter four mainly researches the Responsibility attribution when policyholders entrust the insurance company to activate the insurance card,but their staff fill in the wrong information during activating.First,the author defines the acting activation,maintains it belongs to the entrust-agency which is legal,then combines with the case to elaborate honest disclosure.puts forward some views about Responsibility attribution problems based on some scholars' views.