Study On Legal Supervision Of The Internet Insurance In China

Along with the development and popularization of Internet technology,the number of Internet users continues to rise.The combination of Internet technology and industrial economy has spurred new impetus for the development of related production industry.Internet insurance is a newer that comes from traditional insurance industry with the help of Internet technology.At present,the Internet has become a new medium for insurance marketing.Insurance companies and insurance intermediaries provide consulting services and sell insurance products online.All of these have changed the traditional business model of the insurance industry.While it is developing at a rapid pace,risking and challenge hide.As follows,this paper is divided into four parts to discuss the main-topic.The first part is the theoretical basis of legal supervision of Internet insurance.In this part,we first give the concept of Internet insurance,that is,“insurance companies or insurance intermediaries provide customers with product and service information through the Internet,realizing insurance business such as online insurance,insurance verification,assurance,preservation and compensation,and also complete online sales,services of insurance products,as well as realize electronic payment of insurance-related costs through third-party organizations.”Then it introduces the four operating modes of Internet insurance,i.e.the self-operated Internet operation mode of insurance companies,the third-party e-commerce platform operation mode of independent payment,the intermediary Internet operation mode and the professional Internet insurance company operation mode.Besides,citing the case of “Liu Shi long et al.v.China Ping An Property Insurance Co.,Ltd.Shanghai Branch Personal Insurance Contract Dispute”,this paper clarifies the necessity of legal supervision of Internet insurance,and finally discusses the basic principles of such legal supervision.The second part is about the subject of defects,making some analysis to the present situation of Legal Supervision of Internet Insurance.At the legislative level,the current legal supervision system of Internet insurance in China is not good enough.The coordination between the new Internet insurance legal norms and the existing legal norms is poor,and the formulation of legal norms lacks foresight.In judicial practice,there are also a series of problems that need to be solved urgently,such as unclear market access and exit mechanism of Internet insurance,insufficient supervision of Internet insurance products,unclear criteria for determining the performance of the insurer’s explaining obligation,violation of personal privacy and Internet insurance fraud.The third part is the practical research of the extraterritorial Internet insurance.Through the analysis of the legal supervision measures of Internet insurance in the typical foreign countries such as the United States,Britain and Japan,and combining with the actual situation of our country,we can draw inspiration for our country: first,we should establish a mature and perfect legal supervision system of Internet insurance;second,we should strengthen the protection of consumers’ rights and interests of Internet insurance;third,we should clarify the responsibilities of the regulatory bodies.The fourth part is the study of perfecting the legal supervision path of Internet insurance in China.This part holds that we can establish the supervision system of Internet insurance in China from six aspects: setting up the supervision concept and objectives,building a multi-level legislative system,perfecting the market access system and exit system of Internet insurance,standardizing the product innovation supervision system,clarifying the obligation system of insurer’s prompting and explanation,and constructing the regulation of preventing Internet insurance fraud.