Research On Internet Insurance Contract's Legal Issues Of China

At present,China's society is undergoing profound changes.Various science and technology emerge in an endless stream.Every time science and technology are developed,it will affect all aspects of social development.In the 21 st century,the Internet has been popularized in China.Through the Internet,people can meet their own consumer needs,resulting in e-commerce.The direct result of this change in consumption patterns is that the business model has also undergone tremendous changes.The “Internet thinking” that we often refer to is actually accompanied by the Internet business model.In the era of information technology,the development of Internet insurance is the trend of the times.The Internet insurance opened up a whole new model of insurance transactions,but it also put new market demands on the legal system.The legal normative system that regulates the insurance market is the insurance contract system.According to the different needs of the insurance market,its application effect may also be different.The emergence of Internet insurance is due to the development of Internet finance.After its rapid development,it puts forward new requirements for the insurance law.This kind of legislative demand may affect the application of the insurance contract system.In China,the start of Internet insurance is relatively late,but development is relatively fast.In the Internet insurance transaction,the lack of relevant legislation leads to the new legal issues of Internet insurance contract in its negotiation,signing and final performance,comparing with traditional insurance contract.The main issues of Internet insurance contract in our country are as follows:First,due to the law's hysteresis quality,the omission exists in relevant Internet insurance contract,the subsistent laws and regulations are regulation or the normalizative document of law,which have too much legislative subject and the legislative level is low.Secondly,the Internet insurance contract's timeliness leads to the difficulty in electronic policy's card-service when judging its founding and entry-into-force time.Then,in Internet insurance contract,applicant and insurer's information is more asymmetric,thus raises new claim to principle of utmost good faith.Finally,the Internet insurance contract is highly datamation and informatization,which makes customers facing the bigger information security risk.Aiming at above problems,the article propose relevant countermeasure.First.,on the macroscopic scale,consummating relevant legal systems of Internet insurance contract.Then,on the microscopic level,detailing the basic system of Internet insurance contract,including its entry-into-force time and the scope of performance of principle of utmost good faith to protect bilateral legitimate interest.Thirdly,building informationalized monitoring system to prevent lawless person's insurance fraud.Last,in consumer's information safety,intensify the protection effort to their privacy,and demonstrating the feasibility of localized bringing in right to be forgotten at the same time.