Legal Research On The Explanation Obligation Of Internet Insurers

At present,the theory and practice of insurance law in China have differe nt views on how the insurer performs the obligation of explanation in the net work insurance mode.The development and innovation of Internet insurance bu siness brings new problems and disputes to the insurer's performance of the ob ligation of explanation.As for how the insurer fulfills its obligation of explana tion,due to the unique nature of Internet insurance,scholars and legal practitio ners put forward their own views on how to fulfill the obligation of explanatio n of the insurer from different perspectives.However,the existing views are st ill lacking in the depth of analysis.According to the characteristics of Internet insurance,this paper analyzes the performance of its explanation obligation at the micro level,so as to find out the problems existing in the current imple mentation of the insurer's explanation obligation mode in the online insurance process,and then provide the corresponding feasible strategies for the improve ment of the insurer's explanation obligation system.This paper holds that Internet insurance,as a new mode of insurance deve lopment and innovation,has not changed its theoretical basis,legitimacy basis and other basic principles in terms of the insurer's explanation obligation,but t he new requirements put forward by the network insurance mode for each con stituent element of the insurer's explanation obligation make the implementation of the insurer's explanation obligation system face many obstacles,especially th e emergence of some networks new problems under the insurance mode.There are great differences between theory and practice in the understanding and det ermination of the scope of the exemption clause,there are many disadvantages in the way of explanation that the insurer adopts to fulfill the obligation of e xplanation,and the standard of formal judgment is no longer suitable in the deg ree of explanation.This paper summarizes the problems existing in the practice of Internet insurance legal disputes,and the reasons behind these problems.O n this basis,it puts forward the perfect countermeasures and suggestions.It is emphasized that the mode and characteristics of Internet insurance should be in tegrated,and the problems existing in the judicial practice of Internet insurance business should be closely combined,so as to put forward corresponding spec ial requirements for the performance of the insurer's explanation obligations.Th erefore,in terms of the scope of the insurer's explanation obligation performan ce,this paper proposes clarify the scope identification of the exemption terms;In terms of the way of fulfilling the insurer's obligation of explanation,we sho uld establish the compulsory reading mechanism of the exemption clause,and explain the exemption clause,and establish the explanation and explanation me chanism of the applicant's statement;In terms of the standard of the degree of performance of the insurer's stated obligations,it should be clear about the sta ndard of the obligation to prompt and the obligation to state.