Determination Of The Fulfillment Of The Obligation To Explain Internet Insuranc

The insurer’s explanatory obligation has always been the attention of experts and scholars.The exemption clause in insurance contract states that the performance of obligation is the focus of dispute in insurance disputes,which is directly related to the final liability.In the field of Internet insurance,the way of explaining the obligations of an insurer is quite different from that of offline insurance.China has no legislative provisions specifically for explaining the ways and standards of fulfilling the obligations in the field of Internet insurance.The insurance company takes advantage of the blank period of the law and does not take the initiative to assume the obligation of explanation.In the absence of face-to-face communication,the insurance company adopts the form of "link" to disclose the exemption clause,and requires the applicant to check the statement clause to confirm that it has completed the obligation of the exemption clause.This way of performance greatly reduces the degree of explaining the performance of obligations,infringes the right of the policy-holder to choose independently,violates the principle of maximum integrity,and damages the business environment of the insurance industry.In order to make the Internet insurance field obligations disputes get fair treatment,in order to make the Internet insurance industry continues to flourish,it is necessary through the Internet insurer obligations to analyze the problems existing in the process,perform the obligations of the Internet insurance way to fulfill the performance of the standard to judge,solve the Internet insurance field buy insurance easy claims difficult problem.First of all,it systematically introduces the legal provisions of the insurer for the exemption clause from the aspect of legal origin.By analyzing and explaining the contents of the Civil Code,the Insurance Law and the Judicial Interpretation of the Insurance Law ii through the liberal arts interpretation and theoretical interpretation,the paper analyzes the legislative purpose of explaining the obligations of the Internet insurance,and explains the necessity of constructing the legal norms of the Internet insurer to explain the obligations.Next,undertake theoretical research to the fulfillment standard of the underwriter explanation obligation.For a long time,the academic community has reached no consensus on the performance standards of the insurer.Although both the form standard and the substantive standard have their reasonable place,and the Judicial Interpretation of the Insurance Law II provides the basis for the form judgment standard,this standard does not meet the legislative purpose of the insurance description obligation and cannot meet the requirements for the performance of the Internet insurance explanation obligation.Therefore,in the Internet insurance contract,the degree of explanation of the disclaimer should adopt more stringent substantive judgment criteria,and the interpretation of the disclaimer should reach the degree that ordinary people can understand.Finally,the analysis of the current performance of the Internet insurance obligations.Analyze and explain the various problems existing in the way,find appropriate solutions from the problem,and put forward relevant rectification suggestions.First,the insurer to let the policy-holder accurately understand disclaimer,in addition to explain in the form of existing laws,also should take a variety of means to explain,the concept of the text explanation need easy to understand,second,set in the page related case special interpretation of key terms,through video and audio synchronization let policy-holder read watch more sense.Third,in the insurance process of the design of the exemption clause mandatory reading,negative only in the form of "link" and check the applicant statement as a judgment that the obligation has been completed.