Research On The Description Obligation Of Disclaimer Clauses In Internet Insurance

Internet insurance,as a newly emerging insurance model,uses the Internet itself to upgrade and improve the business operation model of the insurance industry.However,with the rapid development of Internet insurance,legal issues and legal risks that have not previously occurred are bound to arise.Due to the huge difference between the sales model of Internet insurance and the traditional offline insurance sales model,there are also differences in the way legal issues and legal risks are resolved.And the lag inherent in the law will expose the legal issues and legal risks related to Internet insurance.At present,China's related theories on Internet insurance are still in their infancy.Due to the requirements of the Banking Insurance Regulatory Commission in exercising administrative supervision responsibilities,the current legal issues and legal risks of Internet insurance have administrative supervision characteristics,so they cannot be resolved in judicial trials.Legal issues and risks faced from a practical perspective.As for the research on the contract law of Internet insurance,there are many disputes and differences in theory and practice.As far as the obligation of the insurer's exemption clause is concerned,it is a core issue in the academic field of China's insurance law.In recent years,the academic community has been discussing this issue.As a new business model that is different from traditional insurance,Internet insurance does not change the theoretical basis of the insurer's obligation to explain.However,due to the particularity of Internet insurance itself,new problems have arisen in the liability of the Internet insurer.The key issue is how to determine that the insurer has fulfilled its obligations under the exemption clause.However,because our country's law does not timely stipulate special provisions for the way in which the insurer's liability exemption clauses in the Internet insurance are performed,nor does it have clear trial standards and guidance cases,the courts in judicial practice The issue of the insurer's actual performance of the exemption clause's obligation to explain has been controversial,which has also led to inconsistent or even contradictory trial opinions in judicial practice.This article first explains the relevant basic theories of Internet insurance insurers 'prompting and explaining obligations,and lays a foundation for analyzing the problems and making suggestions later.Second,it analyzes and summarizes the cases of insurers' obligations in Internet insurance in recent years.The court judged the disputes in the effectiveness of the insurer's performance of the obligations in Internet insurance during the adjudication process;again,it analyzed the problems that occurred,and considered the application of academics in practice and the complexity of the situation in practice On the basis of academic analysis,combined with judicial practice,a more practical analysis of the problems that have arisen.Finally,based on the problems found and analysis of the problems,suggestions are made for the improvement of judicial practice,legislative activities,and the system of Internet insurance business models regarding the insurer's obligation to explain,hoping to help set up a complete and effective judgment standard in judicial practice.In order to reduce the occurrence of misjudgement and misjudgement in judicial practice.The first part of the article is divided into four sections.The first section explains the definition and characteristics of Internet insurance.The second section describes the relevant provisions of China's current obligations to the insurer's exemption clause.The third section introduces and contrasts the main business models of current Internet insurance,and analyzes the main ways in which insurers perform their obligations under the exemption clause in Internet insurance.This leads to the basis for the description of the network link and the policyholder's ability to determine that the insurer has fulfilled its obligations under the exemption clause.The second part of the article analyzes the relevant cases in the past six years about whether the insurer has fulfilled the obligation to clarify the exemption clause in the Internet insurance.The level of analysis includes the comparison of the overall effectiveness and the judicial aspects of time,space and review.Position inspection.Through the above analysis,it is found that the Internet insurance insurer prompts to explain that there are problems caused by Internet insurance specific factors that do not exist in traditional insurance.It also summarizes the controversies in practice about judging whether the insurer has fulfilled its obligation to explain the exemption clause.The third part of the article analyzes the scientific basis and problems of the form of network link and the statement of the policyholder as the criterion for judging the fulfillment of the obligations of the Internet insurance insurer.Among them,the discussion of the initiative and passiveness of the insurer's obligation is introduced through the network link,and the discussion of the substantive and formal judgment of the insurer's performance of the obligation is introduced through the description of the insurer.After academic analysis,combined with the empirical analysis in Chapter 2,the author puts forward opinions on the effectiveness of network links and descriptions of policyholders.The fourth part of the article proposes three ways to improve the system of prompting and explaining obligations of Internet insurance insurers.First,the judicial trial standards should be clarified,and the standards for how to determine whether an insurer has fulfilled its obligations under the exemption clause in Internet insurance should be determined.Secondly,standardize the Internet insurance business process,and the CBRC will issue requirements for insurance companies to engage in Internet insurance,including the qualifications of the main body and the setting of insurance process.Finally,establish related supporting systems,including the return visit system and the hesitation period system,and apply the systems that have practical effects in traditional insurance to Internet insurance.