Research On The Insurer’s Disclosure Obligation System In China’s Internet Insurance

The rapid development of the internet technology makes the traditional insurance industry unprecedented changes.Internet insurance came into being.Compared with the traditional one,internet insurance,based on the cloud computing,has deeply promoted the great development of the whole insurance industry.At the same time,the development of internet insurance has made increase of efficiency in insurance market,to some degree,it has also improved the development of economic society.Therefore,it is of great significance to vigorously lead and support the development of internet insurance.However,there are also many risks in the development of internet insurance,especially the issue of fulfillment of the disclosure obligation of insurers in internet insurance,which has caused endless disputes in insurance cases.How to judge whether the insurer has fulfilled the disclosure obligation;how to judge whether the way to perform the disclosure obligation is in compliance with legal requirements and whether to provide evidence,the judgments of local courts are quite different.By sorting out and analyzing some online insurance practice cases,the shortcomings of insurers disclosure obligation system can be mainly classified into the following aspects,first,fulfillment of the disclosure obligation of insurers is found to be lack of evidence;second,scope of fulfilling the disclosure obligation online of insurers is unclear;third,the way of adopting the link and clicking to confirm for the insure to fulfill the disclosure obligation is in deficiency;and forth,fulfillment of the disclosure obligation lacks auxiliary systems to enhance.In order to solve the above problems,China’s current legislation should actively respond,formulate and improve the insurer’s disclosure obligation system,regulate the insurer’s disclosure obligations in internet insurance,protect the insured rights and interests of the policy holders and ensure the healthy and stable development of Chinas online insurance industry.First of all,for resolving the disputes of the insurer’s disclosure obligations in online insurance,it is recommended to consider improving the setting and management of written documents in online insurance in China.Adding insurance clauses which can be download and printed;set the actual operator’s written description file.Secondly,to clarify the scope of the obligation fulfillment of the insurer in China’s internet insurance.The specific provision can refer to the “important matters” criteria in the Japanese insurance law.In addition,it is also possible to restructure the “separation mechanism” for the disclosure obligation of the insurer.Thirdly,in order to solve the deficiencies of the way of the link and clicking to confirm to fulfill the insurer’s disclosure obligations,in China’s internet insurance,it is recommended to strengthen corresponding supporting measures and regulate the behavior of the network insurance industry.The insurer is required to optimize the design of the internet insurance process,while forcing the insurer to read the exemption clauses online and set the “Insurant Statement” clause to be a mandatory process for insurance.Finally,to improve the system of disclosure obligations of the insurer in China’s internet insurance,we can consider strengthening the establishment of an auxiliary the system,including first,the use of hesitation rules to establish an online return visit mechanism;second,establish a retrospective system for online insurance sales.