Research On Legal Issues Of Network Mutual Assistance

In the field of health risk assurance,the network mutual aid,which is the combination of traditional mutual aid and Internet technology,has developed very rapidly in recent years.With the emergence of the COVID-19,the public has also paid more attention to health risk assurance.However,online mutual assistance is still in a situation where theory lags behind practice,legislation lags behind regulation,and regulation lags behind the market.In this context,this article takes four existing online mutual assistance platforms as the research object and compares them with the once largest but closed Mutual Treasure.It analyzes and studies the legal nature,legal relationship judgment,and rights,obligations,and responsibility allocation of online mutual assistance in the development process of online mutual assistance,and summarizes the current institutional status of online mutual assistance Existing problems and propose relevant suggestions.This article is divided into three parts.The first part is the first chapter,which analyzes and summarizes the concept,Operation Mechanism,legal risks and legal problems in the operation of network mutual assistance.The second part consists of chapters 2 to 4,this paper discusses three typical legal problems of quasi-insurance network mutual assistance: the legal nature of quasi-insurance network mutual assistance,the legal relations existing in network mutual assistance,and the allocation rules of rights and obligations and responsibilities in network mutual assistance.The second and third chapters discuss the legal nature and legal relationship of network mutual assistance,and put forward the viewpoint of this paper: Network Mutual Assistance belongs to a new type of mutual economic organization;In the network mutual assistance,the members belong to the Common Legal Act,and the members and the platform belong to the new network service contract relationship,according to the relevant provisions of article 467 of the contract title of the Civil Code,the rights and obligations of the platform and the members in the network mutual assistance scheme are interpreted from the perspective of the insurance law,and is divided into the network mutual assistance contract formation,performance,termination of the three stages were discussed.The third part,Chapter Five,aims at the three legal issues raised in this paper,aiming at the sustainable and healthy development of network mutual assistance,three suggestions are put forward: to make it clear that insurance-type network mutual aid is a new type of mutual-aid economic organization,to deal with network mutual-aid cases according to the relevant provisions of the insurance law,and to establish insurance-based,the Social Security System Model of network mutual assistance.