Legal Research On Internet Mutual Assistance Program In China

Recent years,with the improvement of people’s living condition,they take their own health much more seriously,and the traditional commercial medical insurance has been difficult to achieve people’s diversified insurance needs.At the same time,the rapid development of China’s Internet industry,relying on the internet mutual aid program,since the establishment of "Kang’ai commune" in 2011,with the influx of capital began to embark on the fast lane.The advantages of the mutual aid program are mainly reflected in its easy to understand,low threshold and high return,so it quickly attracted a large number of users.However,with the expansion of the scope of influence,its legal risks and various problems are constantly exposed,especially in the case of unclear legal nature,how to implement effective supervision has become a major basic problem to be solved.Therefore,based on the qualitative analysis of the mutual aid plan,this paper mainly adopts the comparative method,based on the current situation of the operation of the mutual aid plan and the legal difficulties it faces,and by drawing on the legislative experience and research results in China and foreign countries,with combination of the practical situation of our nation,considers that the mutual aid plan can be defined as the mutual insurance society under the concept of mutual insurance organization in a broad sense,so as to promote the development of mutual insurance It is a reference system to carry out effective supervision in combination with the characteristics of Internet financial products of mutual aid program itself.First of all,mutual assistance plan can not be simply included in the scope of insurance law.Although mutual aid plan and traditional insurance have something in common,they have similar characteristics with traditional insurance in uncertain risk factors,most individual mutual aid factors,and the purpose is to compensate for the risks.In fact,the original form of modern insurance is not far away from the principle of mutual aid plan.However,the modern commercial insurance emphasizes more on the principle of risk concentration and rigid cashing,and it also needs to draw reserves and security funds.The mutual aid plan is risk decentralization,and it can not promise rigid cashing.The solvency is community-based,so it can not be classified as the adjustment of the current insurance law.Secondly,the concept of mutual assistance plan and mutual insurance is more similar,but according to the existing mutual insurance laws,it can not be included in the latter adjustment scope.Mutual insurance in China is currently regulated by the "Pilot Measures for the supervision of mutual insurance organizations" launched on January 23,2015,but the definition of mutual insurance is narrower than that of the more developed foreign mutual insurance legal system,which puts forward higher threshold requirements for the establishment of mutual insurance organizations,which is also the main reason why mutual assistance plans can not be classified as mutual insurance at present.However,taking the mutual insurance society stipulated in the New York State Insurance Law as an example,it is closer to the concept of mutual assistance plan.The main difference is that the former has more perfect and reasonable legal regulations.If it is clearly defined as a mutual insurance organization,it must have corresponding governance organs in operation,such as the general assembly of Japan life company,which can provide reference for the legal system construction of mutual assistance plan.Finally,this paper puts forward some suggestions for the legal regulation of mutual aid plan.First,we should establish the regulatory status of the CIRC,and play the role of self-discipline in the industry,so that the industry can grow healthily and bring financial products with lower threshold and lower price to the people who need serious illness insurance.Second,it is necessary to appropriately improve the industry access threshold,ensure certain compensation ability,improve the internal governance mechanism of the platform,improve the status of members,and highlight the characteristics of community.Third,we should strengthen the daily information disclosure of the platform to make the financial and operational status of the platform more transparent,so that members can understand the status quo of the platform.