Research On Legal Regulation Of Online Insurance Contract

Insurance is an important means to avoid risks,whether for individuals,families or society.In recent years,people's insurance consciousness has been strengthened,more and more people begin to pay attention to and buy insurance.With the rapid development of network technology,network insurance rises in our country insurance market and occupies a large share.The network insurance contract is the core of the network insurance transaction,relates to the network insurance transaction security,therefore the legal regulation of the network insurance contract is particularly important.However,due to the short development time of network insurance in our country,the market is not mature enough,and the relevant supporting legal system is still not perfect,the network insurance contract is legislated and supervised.There are many legal problems in such aspects as establishment and so on.In order to make the network insurance contract play its due role,this paper puts forward the targeted legal regulation method,in order to achieve the purpose of perfecting the legal regulation of the network insurance contract.This article is divided into four parts:The first part is the essence of network insurance contract.On the basis of studying the evolution and definition of network insurance,this part systematically explains the meaning,characteristics and legal relationship of network insurance contract.Network insurance contract refers to the behavior of the parties to the insurance contract to complete insurance information consultation,insurance plan design,insurance,payment and other activities through the network,its characteristics are fictitious,special type,directness,timeliness and so on.The legal relationship includes the subject,object and content of the network insurance contract.The subject includes the parties to the network insurance contract,the relative person and the assistant person;the object is the insurance benefit of the network insurance contract;the content It is the rights and obligations of the network insurance contract.The second part is the current situation and deficiency of legal adjustment of network insurance contract.This part systematically combs and analyzes the laws and regulations related to the network insurance contract,and finds that there are some deficiencies in the legislation,such as the lack of the relevant legal provisions,the scattered legal adjustment,the multiple principles of the legal provisions,and so on.In the supervision,the policy-holder protection system is not complete,the third-party platform supervision system is not perfect and so on.The third part is the legal risk of the conclusion of network insurance contract.In this part,the conclusion of the network insurance contract is faced with the vagueness of the establishment and effective point,the distribution of the principal responsibility is not clear,and the legal risk of the obligation is not clear.Among them,the vagueness of the contract formation and effective point is that the time of performing the rights and obligations of both parties is not clear.The unclear distribution of the principal responsibility includes the unsuitable case of the subject of the policy holder,the inability to determine the identity of the policy holder and the difficulty of withdrawing the offer of the policy holder.The unclear stipulation of obligation includes that the scope of truthful informing obligation of policy-holder is not clear and the standard of fulfilling obligation of insurer is not uniform.The fourth part is the perfection of legal regulation of network insurance contract.This part holds that the perfection of legal regulation of network insurance contract includes three aspects:the legislative perfection of network insurance contract,the construction of supervision system of network insurance contract and the legal risk prevention measures for the conclusion of network insurance contract.In terms of legislation and regulation,we should establish a perfect legal system of network insurance and accelerate the special legislation of network insurance contract.As far as the construction of supervision system is concerned,we should strengthen the duty of confidentiality of insurance companies,perfect the relief measures for the infringement of the rights of policy holders and strengthen the supervision of third-party platforms of network insurance.In the case of risk prevention measures for contract formation,it should be Clear network insurance contract set up effective threshold point,confirm policy holder subject qualification,confirm policy holder identity,establish policy holder offer to withdraw rule,clear policy holder truthfully inform obligation to perform range,unified insurer prompt to explain obligation to perform standard.