Research On The Legal Problems Of The Card-type Insurance Policy Bussiness

As the card insurance policy business is gradually accepted by the general public,the dispute arising from the card-type policy is also increasingly prominent,The main problem is that the nature of the two acts of purchase and activation in a card insurance policy affects the insurance contractual relationship behind the card insurance policy.This paper mainly deals with the issue of the establishment and entry into force of insurance contracts in the card-type insurance policy,the effectiveness of the act of acting on behalf of the insurance,and the performance of the insurer's obligation to clarify the obligation.This paper includes six chapters.The first chapter is introduction,which involves research background,value and meaning,review and method.In practice,the disputes of digital card-type insurance is increasing,and the issue is related to the establishment time of contract,disclosure obligation of insurance applicants and specific explanation obligation of insurers.Although there are some integral theories,these issues remain controversy.This paper is based on cases,and it organizes the current theories in order to solve the practical disputes.Chapter two is the summary of the card-type insurance.Firstly,the this chapter clarify the concept of card-type insurance.This insurance has two types of cards in virtual and reality.These cards is economical,convenient and useful.The procedure of card-type insurance includes three steps: purchase card,activate card and acquire insurance policy.This is quite different from the traditional insurance.Chapter three discusses the three important time node in card-type insurance,which are the establishment time,effective time and starting liability time of insurance contract.These time nodes decide the establishment,activation and liability of insurance contract.There are two important behaviors in card-type insurance,which are purchasing and activating behaviors.The verification of these two behaviors decide the time of establishment and activation of insurance contract.There are debates between “one contract theory” and “different contracts theory”.Thus,an correct theoretical analysis frame is the basis to study the card-type insurance.Based on this framework,the activation of contract can be clarified.This paper studies the statement of insurance applicants on the card.Then the paper analyzes the definition and validity of statement so that we can understand the starting time node of the insurance liability.Chapter four analyzes the disclosure obligation of insurance applicants in card-type insurance,and this chapter briefly introduces that how to fulfill the disclosure obligation.The major issue is the validity of activating by proxy.In practice,the activation by proxy happens between insurance applicants and insurance agents.So we should firstly study the nature of behavior of activating contract by proxy.This behavior belongs to authorization.Furthermore,this chapter analyzes the the fulfillment of the disclosure obligation.In this way,we can understand the liability if the insurance applicants betray the disclosure obligation.Chapter five analyzes the specific explanation obligation of insurers.According to the procedure of card-type insurance,the specific explanation obligation can be fulfilled by activating on the Internet.In legislation and justice phase,the criterion of fulfilling the obligation has some conflicts in contents and procedure.So the application of these standards is unclear.Moreover,this paper analyzes the specific explanation obligation of insurers in activating the card by proxy.In this way,the liability of related parties can be ensured.Finally,as for insurers,they should consider how to fulfill the specific explanation obligation so as to decrease the disputes.Chapter six summarizes the whole views.This chapter analyzes the procedure of the card-type insurance and the legal relationship behind the every procedure of card-type insurance.The core issue is to ensure the establishment time of insurance contract.Based on the proper theoretical analysis frame with the traits of card-type insurance,this chapter studies the activation of the insurance contract,starting time node of the insurance liability,disclosure obligation of insurance applicants andfulfillment of specific explanation obligation of insurers.Therefore,this paper can eventually provide proper solutions.