Research On The Legal Nature And Regulatory Regulation Of Network Mutual Assistance ——From The Perspective Of Three Typical Cases

Network mutual aid is a new type of Internet innovation product,which has the characteristics of low cost sharing and large guarantee amount.It meets people’s risk guarantee needs,and has attracted extensive public attention as soon as it appears.The mutual aid program launched by online mutual aid mainly covers risk areas such as major diseases and accidents,and has become an important supplementary means of China’s social security system.However,as an emerging industry,network mutual assistance has exposed many problems in the operation process.In this context,taking judicial cases as the starting point,this paper analyzes the problems such as unclear legal nature and lack of supervision,defines its legal nature by studying the operation mode of network mutual assistance,and tries to build a comprehensive and detailed supervision system to ensure the sustainable development of network mutual assistance.The first part of this paper introduces three typical cases of network mutual assistance disputes,summarizes the problem of unclear legal nature of network mutual assistance,and finds the legal problem of lack of supervision of network mutual assistance by analyzing this problem.The second part analyzes the concept,development process and operation status of network mutual assistance,combs the basic situation of the development of China’s network mutual assistance industry,preliminarily compares different network mutual assistance platforms,analyzes their operation modes and summarizes their operation characteristics.The third part analyzes the legal problems of network mutual assistance one by one.Firstly,it summarizes the risk problems existing in the operation of network mutual assistance;Secondly,as for the problem of the unclear legal nature of network mutual assistance,the author lists two mainstream discussion views at present;Finally,in view of the lack of network mutual assistance supervision,the author expounds from two aspects: the unclear supervision subject and the non formation of supervision rules.The fourth part analyzes and defines the legal nature of network mutual assistance.Firstly,it analyzes the legal relationship between the subjects in network mutual assistance,and finds that there are some limitations in discussing the legal nature of network mutual assistance from the perspective of legal relationship,which can not summarize the whole picture of network mutual assistance;Combined with the comparison between the operation mode of network mutual aid and charity and public welfare insurance,it is considered that network mutual aid essentially belongs to broad mutual insurance.In the fifth part,according to the previous analysis of the problems existing in network mutual assistance and the definition of the legal nature of network mutual assistance,the author puts forward suggestions on the construction of supervision path from the two aspects of government supervision and industry self-discipline supervision,in order to build a systematic and comprehensive supervision system.