Research On The Obligation Of Internet Insurers To Provide Informatio

In traditional insurance business,insurance contracts are a professional form contract.In order to reduce the information asymmetry between the insurance applicant and the insurer and balance the interests of both parties,the insurance law stipulates that the insurer should perform the corresponding obligation of presentation.However,whether in the academic circle or judicial practice,there are disputes about the standard and scope of the insurer’s prompt explanation of the obligation.With the application of Internet technology in various fields,Internet insurance has gradually been accepted and recognized by the public.With the development of Internet insurance business,new problems and disputes will inevitably arise in the performance of the insurer’s prompt explanation obligation.Therefore,many scholars and practitioners study and put forward their own views from the aspects of spirituality and capitalization of the Internet and the particularity of the insurance process of the Internet.However,the existing viewpoint lacks the depths and breadth of the problem analysis.Web insurance business and card insurance business are two major categories of Internet insurance business respectively.The disputes between them are slightly different than practice.Therefore,this paper takes web insurance and card insurance as research objects to conduct targeted research,uses case analysis method to understand the legislative and judicial status quo of the Internet insurance prompt description obligation,explores the difficulties in performing the Internet insurance prompt description obligation and analyzes the causes and tries to come up with common suggestions to improve the Internet insurance.In addition to the introduction and conclusion,this paper is divided into four parts.The first part,based on the concept of Internet insurance and the characteristics of Internet insurance prompt description obligation,studies the difference between Internet insurance prompt description obligation and traditional insurance prompt description obligation.According to the differences,further clarify the scope of the Internet insurance reminder obligation and the way to perform it.In order to compare the following practice to remind the status quo of the performance of obligations.The second part,through the induction and integration of the relevant laws and regulations of the insurer’s reminder obligation and the collection and analysis of typical judicial cases,understands the legislative and judicial status quo of the Internet reminder insurance obligation.The problems existing in the practical application of the Internet insurance reminder obligations are found respectively from the legislative and judicial levels.The third part analyzes the typical cases of web insurance and card insurance,and deeply studies their respective performance dilemmas.The difficulties in performing the explanatory obligation of online business insurance mainly include the affirmation of the validity of the explanatory obligation in "link" and "general confirmation option",the difficulty in achieving the legal standard and difficulty in proving the performance of the obligation.The dilemma of performing the obligation of description of card business insurance is mainly the identification of the validity of description of obligation when activated by agent on behalf of the agent and the fuzzy standard of description of the obligation of card business.The main reasons for its performance dilemma are the congenital malpractice of Internet mode,imperfect system design and difficulty to define performance standards.The fourth part integrates the above contents and puts forward suggestions to improve the obligation to prompt explanation of the Internet insurer.For example,unified prompts to explain the performance standards and scope of obligations,make the insurance process scientific and intelligent,enrich the way of performance,refine the rules of evidence and strengthen the supervision of insurance agents.