Research On Internet Insurer’s Obligation Of Explanation System

After several amendments to the Insurance Law,the content of the insurer’s obligation to explain has become more perfect.The popularity of the network and personal terminals has made the role of insurance ubiquitous in life,and since the outbreak of the epidemic in 2019,the demand for online insurance has become increasingly strong.From the focus of judicial practice,it can reflect the lack of legislation,through the comparison of traditional insurance and electronic insurance judicial practice,we can see the treatment and standpoint of the focus in the reality of network insurance,which has a guiding role for the behavior of the insured and the insurer in the implementation of insurance contract transactions.The court’s judgment not only has a guiding role for the parties to the contract transaction,but also cultivates the potential transaction subjects to have a better legal thinking on the risks and rights and obligations in the transaction process.There are many standpoints on the standard of the insurer’s explanation obligation,and we should sort out and clarify the existing problems,explore the reasonable viewpoints that conform to the actual situation of the times,promote the healthy and orderly development of the insurance industry,and protect the interests of the parties.Only when both parties actively fulfill their obligations and exercise their rights,can the legislative purpose be realized and the legal realization be changed from what it should be to what it is.By sorting out the doctrine and legal provisions,combining with the change of the insurer’s obligation to perform through the Internet channel,discussing the characteristics of Internet insurance,and analyzing the legislative origin and existing problems of the obligation to explain,the object of the insurer’s obligation to explain is divided into two kinds from the original exemption clause,namely,the general format clause and the exemption format clause.That is,the obligation to explain and prompt and to clearly explain.Through the analysis of cases,there is no clear distinction between the above two obligations in the judgment.Although the general standard clauses do not involve the mitigation or exemption of the insurer’s liability,they are important factors affecting whether the insured concludes a contract or not.We must pay attention to the important interests involved in such standard clauses.However,there is no final conclusion on the extent to which the insurer should fulfill its obligations.There are many kinds of clauses that can be included in the insurance contract,including very professional clauses and special clauses of both parties.In order to solve the problem that the standard of the obligation to explain is not uniform,the threshold and rules for the standard clauses to be included in the contract should be regulated by legislation.The insurer is likely to infringe on the interests of the insured or use the exemption clause as a standard clause to evade liability outside the insurance contract,and different obligation standards are defined according to the nature of different clauses.In addition,other forms of electronic insurance,such as card insurance on behalf of the effectiveness of the activation in the legislation to be clear,in the legislation and technical specifications for more operational to guide judicial practice.In the study of the applicable methods,the use of normative research and case analysis,inductive summary method.By reviewing the origin of the Insurance Law and relevant judicial interpretations,this paper explores the meaning of the Internet insurer’s obligation to prompt and explain from the understanding of the provisions themselves,and analyzes the obligation from different perspectives in the legal system,such as the Civil Code,the Consumer Rights and Interests Protection Law,and the regulations and documents of the State Council and regulatory authorities.Taking the traditional insurance contract in the legislative adjustment and judicial disputes as a transition,the development of the Internet leads to the changes in the way and standard of the insurer’s obligation to explain.In this process,a large number of cases are consulted,and different theoretical viewpoints and case judgments are summarized from multiple perspectives and levels.