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Research On The Legal Regulation Of Internet Insurance Contracts

Posted on:2019-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:M FuFull Text:PDF
GTID:2416330545973069Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There are a number of risk factors hide behind the rapid development of Internet insurance.the law relative to the rapidly changing market is always incomplete,and therefore there is always a need to revise the legal system of insurance contract.Because of its virtual,convenient,and innovative nature,Internet insurance makes the Internet insurance contract different from traditional insurance contracts in many aspects such as the signing stage and the performance stage.Therefore,it is necessary to consider the legal rules of insurance contracts in the entire Internet environment.How to apply it,and then better meet the objective needs of the Internet insurance market is a question.Based on the above research background,the article will be divided into four chapters.Focusing on the central theme of the legal regulation of Internet insurance contracts,starting from the theoretical foundation of Internet insurance and insurance contracts,the current status and existing problems of China's Internet insurance legal regulation will be analyzed,and then give some advise on improving the legal regulation of internet insurance contracts.The first chapter is the introduction part,which mainly describes the research background,research status,research methods,and innovations of this article.The second chapter is the theoretical overview of internet insurance contracts.The first is the introduction of the concept,characteristics and the types of internet insurance.After that is the further analysis of the legal concepts,legal characteristics and rights and obligations of internet insurance contracts.The third chapter is the current situation and problems of the legal regulation of Internet insurance contracts.At the level of macro-legislation,China has not yet formed a relatively complete legal system of internet insurance.There are problems such as lagging legislation,uneven levels of legislation,and lack of coordination.At the level of the application of specific rules,there are problems such as lack of performance of the insurer's description of obligations,unclear scope of the insured by the insurer,difficulty in identifying the subject status of the insurance contract and so on.The fourth chapter is the improvement of the legal regulation of internet insurance contract.It is necessary to properly coordinate the relationship between existing laws and regulations,and establish a legal mechanism for supporting Internet insurance contracts.In terms ofthe application of specific rules,it is necessary to improve the insurer's obligation to explain,the scope of the insured's informed matters should be clarified,and the identification of the identity of the insurance contract subject should be strengthened to clarify the criteria for the establishment and entry into force of the insurance contract.
Keywords/Search Tags:Internet insurance, Insurance contract, Explanation obligation, Legal regulation
PDF Full Text Request
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