Research On Legal Issues Of Internet Insurers' Obligation To Explain

The vigorous development of Internet insurance has brought historic opportunities to the insurance industry.The essence of Internet insurance is still insurance,and the information asymmetry brought by format contract still exists in the network environment.As an information regulation tool to correct information asymmetry and protect policy-holder's right to know and autonomy of will,the insurer's obligation to explain the phenomenon of weakening function in practice.This paper divides the Internet insurance business into online business and card business,discusses the way to provide "link" and "general confirmation ",and the common performance,as well as the common problems in the card business to explain the obligation performance,and discusses the complementary mechanism of the explanation obligation system.The First The chapter is divided into three parts.The first part combs the difference between Internet insurance and traditional insurance,and summarizes the three characteristics of Internet insurance: convenience,non-talk and procedure.The second part studies the legal origin and fulfillment status of internet insurer's obligation from three aspects: legislation status,judicial status and market operation status.The third part extracts three kinds of problems from the conclusion of the above research,which forms the subject of the main part of the article.The second chapter discusses the legal problems in the online business to explain the common ways of performing obligations.First insured with a real Internet insurance product Process cut into,leading to the need to study the problem.Then,in two parts,the first part discusses whether providing insurance contract in the form of "link" can produce the performance effect of expository obligation from two aspects of practice and theory.The second part analyzes the validity of the evidence of "general confirmation ",first analyzes the material preference of the text content,column form and so on to the applicant already read the statement and the carrier of reading prompt,and then puts forward the problem of its existence meaning expression flaw from the angle of evidence.And then In this paper,the author studies the reading obligation of the insured in Internet insurance,and discusses whether the reading obligation exists and how to balance the relationship between the rights and obligations between the insurer and the insured when the reading obligation is obviously increased.Finally,combined with the above research,it puts forward some suggestions to perfect the way of prompt obligation,the mechanism of inquiry and explanation,and the traceability management system.The third chapter discusses the legal problems of the insurer's obligation to fulfill the explanation in the card business.The first part studies the time to fulfill the obligation of explanation,focusing on how to determine the establishment time of electronic policy,first introduces four representative theories,and discusses the nature of the two links of "buying card" and "activating" How to judge,then comment one by one,finally put forward the conclusion of adopting completely independent theory,that the purchase and sale contract is established when buying the card,and the insurance contract is established when activating.The second part studies whether the effect of the insurer's obligation of explanation is equal to that of the policyholder,first summarizes the theory of immobilizing the insurance agent's identity in the modern insurance law,then combines the characteristics of the card-type business,puts forward the view that the acting activation act is the principal agent of the policyholder.Finally,the note to sign the purchase card,the retention of authorization certificate.