Research On The Insurers' Obligation Of Statement Under The Internet Model

Since the 21 st century,the popularity of the Internet and the increasing maturity of e-commerce have promoted the birth and development of Internet insurance.Compared with traditional Internet insurance,Internet insurance has established a dedicated website to carry out insurance business,which has greatly reduced the labor costs and sales costs of insurance companies.So this model is highly respected by insurance companies.However,its virtual,paperless,and digitized characteristics physically reduce or even block the opportunity for face-to-face communication between the insurer and the policyholder,which has caused a greater obstacle to the performance of the insurer's statement obligations under the law.This article attempts to start from the disadvantages of the Internet model and the limitations of the insurer's obligation of statement,and find the reasons that cause the insurer's inadequate or ambiguous statement under the Internet insurance model.What's more,I also try to learn from the foreign legal system to improve the system construction of our country from the system level,standardize the insurance process from the technical level,strengthen the construction of traceable management from the regulatory level,so as to effectively protect the vital interests of Internet policyholders,and do what we can for the legal construction of our country.The first chapter of this article starts from the concept of the insurer's statement obligation,and introduces the rules set by the Insurance Law and the Consumer Protection Law.On this basis,the author discusses the development of the insurer's statement obligation under the Internet model,and focuses on the analysis of the new characteristics of the insurer's statement obligation in the Internet insurance model.The second chapter of this paper mainly reveals the typical problems existing in the process of insurer's statement obligation performance under the Internet mode.Specifically speaking,the author analyzes the legality of the form of "link",the low quality of the Internet insurer's statement obligation performance,the equivalence between the "general confirmation option" and "the policyholder's declaration" from the perspectives of legislation,justice and business practice,and draws the following points: First,fulfilling the obligation in the form of "links" does not meet the "active" requirement of fulfilling the obligations stipulated by the law,requiring the policyholder to search for unobviously marked contract links on the vast sales page by himself exacerbates his obligation to pay attention;Secondly,the performance of Internet insurer's statement obligations is simple and empty in content,which is far from meeting the "substantive" standard required by the Insurance law;Finally,the unique "general confirmation option" in the process of Internet insurance contracting is the product of Internet insurer's deliberate imitation of "policyholder's declaration".Although these two has certain similarities in form,but they are not equivalent in terms of content or legal effect.The third chapter of this paper mainly explains the causes of the problems revealed in the previous chapter.In the Internet sales mode,the policyholder needs to insure unilaterally,and the paperless and self-reading improves the understanding difficulty of the policyholder,weakens the contracting ability of the policyholder,and thus improves the possibility of disputes.As far as the system itself is concerned,the lagging of law and the hard and practical nature of the insurer's statement obligation provide an opportunity for Internet insurers to take advantage of the loopholes.In addition,the author selects three typical countries of common law system and civil law system as samples for comparative law research,and finds that,comparatively speaking,in the legal system construction of insurance information disclosure,China excessively relies on the performance of the insurer's statement obligation,while neglects the flexible contract content regulation clauses such as the reasonable expectation principle.This makes the quality of the insurer's explanation obligation performance lower.The fourth chapter of this paper mainly tries to propose the corresponding perfect path based on the third chapter,in order to solve the specific problem of the insurer's statement obligation under the Internet insurance model.First of all,there is a "cooperative relationship" between the principle of reasonable expectation and the insurer's obligation of statement.The introduction of the principle of reasonable expectation can promote the insurer to perform the obligation of statement more actively in the process of concluding the insurance contract,and make the reasonable expectation of the applicant for the insurance contract tend to be consistent with the insurance contract.Secondly,optimize the insurance process of Internet insurance technically,and require the insurer to perform the statement obligation by means of animation,video and other means,which can improve the quality of the insurer's performance and enhance the compliance;Finally,the realization of traceable management under the Internet insurance mode with the help of technical means is conducive to the supervision of the performance of the Internet insurer's statement obligations.