A Study On The Legal Risks Of The Internet Mutual Aid Program And The Improvement Of The Supervision System

Internet mutual aid scheme is a new form of sharing economy emerging in recent years.It has unique value at present when China's social security system and commercial insurance system are imperfect and it is still difficult to see a doctor.The innovative sharing economy has its drawbacks and internet mutual aid scheme is inevitable.However,the research on its legal nature has not yet been finalized and the supervision issues have not been resolved.Therefore,the research on the supervision system of internet mutual aid scheme is of practical significance.Based on the analysis of literature and the comparison of similar organizational forms,aiming at the current operation situation and the legal risks faced by the internet mutual aid scheme,this paper defines the internet mutual aid scheme as a charitable trust in a broad sense by analyzing its contracts and functions,and uses the charitable trust as a reference to carry out regulatory design according to the characteristics of the internet mutual aid scheme.The design of the supervision system for the internet mutual aid scheme is mainly carried out from two aspects of " regulatory necessity " and " regulatory appropriateness".Judging from the regulatory necessity,the law should intervene in time.The establishment and operation of the internet mutual aid scheme are all carried out by the network company,which adopts the post-pricing mode and has high member mobility.It can be analyzed that the internet mutual aid scheme has fund management risks,supervision risks,information disclosure risks and member adverse selection risks.Due to the uncertain nature of the internet mutual aid scheme,its supervision subject and rules have been absent.From the perspective of regulatory appropriateness,the ultimate goal of designing a supervision system can be achieved by studying the legal nature.First of all,the legal relationship involved in the internet mutual aid scheme is analyzed,and its similarities and differences with mutual insurance and charitable trust are compared.It is concluded that the legal relationship and organizational form of the internet mutual aid scheme are closer to trust,so it is more appropriate to position it as a charitable trust in a broad sense.Secondly,referring to charitable trust,the regulatory system is specifically designed as follows: The establishment conditions of internet mutual aid scheme shall adopt the administrative review and approval system;Governance structure is to take clear rights and obligations of both sides,network mutual assistance platform and members to coordinate and co-governance;External regulation of functional cooperation between trust supervisors,trade associations and administrative regulatory bodies;Establish the modes of parallel passive and active withdrawal;Striving for approximate is the principle to deal with the balance of mutual funds.