Legal Risk Control Theory Of Internet Insurance Contract

Internet insurance has opened up a new mode of insurance transaction, but also put forward new market demands for the insurance legal system. The development of Internet insurance began late in China. At present, it is still in the situation that related legislation of Internet insurance, traditional insurance contract system and supporting regulatory system are lagging behind the Internet insurance innovation. The core of the Internet insurance transactions is the negotiation, signing and performance of Internet insurance contract. The absence of the legal system of Internet insurance intensified new legal risks of Internet insurance contract, which is quite different from the old one. In view of this, on the basis of the similarities and differences between the contract of insurance contract and traditional insurance contract, this paper focuses on the three types of legal risks of Internet insurance, which are the risks of legislative level, practice stage and regulatory regime. All of these three types of risks are quite different from the traditional insurance contract. Proceed to the next step, this paper will come up with three aspects of legal risk control measures corresponding to the Internet insurance contract legislation, Internet insurance contract system and regulatory system.The first part of this paper is a summary of the Internet insurance contract, introducing the concept and main characteristics of Internet insurance. Based on this, this article further explains the concept, the contracting mode, the legal characteristics and the legal relationship of the Internet insurance contract, which provides theoretical support for the analysis of the legal risks of the Internet insurance contract. At the same time, the comparative analysis of the common and difference between the Internet insurance contract and the traditional insurance contract will designate the scope of discussion, which is the legal risks of the Internet insurance contract that are different from the traditional insurance contract.The second part is the theory analysis of types of legal risk on Internet insurance contract in China. Based on the concept and the distinguish feature of the legal risk of Internet insurance contract, this part focus on three perspectives which are the legal system of the Internet insurance contract, the contract system of Internet insurance and the Internet insurance contract supervision system. And also, deep inquiry into the causes and manifestations of the legal risks of Internet insurance contract will be presented in this part.The third part is the emphasis of the paper. Based on the first two parts, this part will put forward the legal risk prevention and control measures of Internet insurance contract. Firstly, for legislative defects of Internet insurance contract, this part proposes to found and promote the legal system, which contains the basic law of Internet insurance as the core, and covers supporting laws and regulations as a supplementary. Secondly, for the Internet insurance contract system defects, this part comes up with the specific legal provisions in the process of the formation and implementation of the insurance contract. In view of the defects of the supervision system of Internet insurance contract, this part puts forward to improve the protection of Internet insurance consumer’s rights and interests.