| As a financial form that integrates Internet technology and insurance industry,the insurance contract of Internet insurance itself has the basic attributes of aggressive and standard.If the information benefit imbalance between insurance and insurance in Internet insurance is not solved in time,moral hazard buried by both parties as "rational economic man" is likely to be triggered.However,the insurer’s explanation obligation in Internet insurance,which aims to protect the insurance applicant and insured’s right to know under the Internet environment,is faced with many legal problems in practical application.Moreover,the theory about Internet insurance is still in its infancy,expanding the contradiction brought by the relevant legal problems.Therefore,it is necessary to clarify the basic theory and current situation of this obligation and explore its improvement path,so as to point out the direction for promoting the legislative perfection and judicial justice of this obligation.Through empirical analysis,it can be concluded that the insurer’s explanatory obligations in Internet insurance mainly exist such problems as unclear scope of performance,chaotic performance standards,unreasonable distribution of legal risks,link way of performance,and questionable rationality and validity of online insurance applicant’s declaration.In the face of these problems,combined with the inspiration from foreign experience,this paper puts forward that it is necessary to establish the judgment standard of important matters in the scope of explanation.In the degree of explanation,the standard of performance should be established based on the understanding of ordinary people.In terms of proof,it is necessary to combine formal judgment with substantial judgment,and allocate legal risk reasonably with reliable electronic signature and perfect traceability system.Finally,corrective links and network explanations should be used to help improve the performance of the explanation. |
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