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Research On The Insurer’s Information Provision In The Contract Of Insurance Contracting

Posted on:2019-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:H T YeFull Text:PDF
GTID:2416330596952546Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement and progress of the Internet financial environment,the overall development of China’s Internet insurance business market has also been a hotbed.Its rise has changed many traditional behaviors in offline insurance sales activities and brought people More convenience.At the same time,however,the rapid development of online marketing insurance has virtually magnified many problems.At the level of traditional insurance,the protection of the right to know of policyholders is one of the key areas in the case of multiple cases and legal protection in the real world.The diversification of internet insurance information providing carriers and the diversification of the main players have led to further strengthening of the insurer’s dominant position in information disclosure.Against this background,the formal promulgation and implementation of the "Regulations on the Supervision of Internet Insurance Business" in July 2015 has,to a certain extent,dealt with the issue of contractual information provided by Internet insurance insurers,and has made corresponding adjustments and made clear commitments.specific requirements.However,in the increasingly complex Internet environment,the contents stipulated by law cannot always cover the details and new situations that appear in reality.In the process of sales of Internet insurance products,there are still a large number ofinsurers who have tried to make up for loopholes and failed to perform clearly stated obligations,resulting in insurers’ interests being infringed during the claims process.Especially in the network sales of new life insurance products,such disputes are very likely to occur,which also poses challenges to the supervision of the relevant departments such as the China Insurance Regulatory Commission.In view of the special problems and needs of Internet insurance and the insurer’s clear description and information disclosure obligations,this article attempts to contact the environment of online insurance sales,and conduct legal analysis from the theoretical and practical aspects in order to be able to improve and protect consumers for relevant legal systems.Benefits advice and advice.This paper is divided into four chapters.It analyzes the characteristics of online sales insurance and product structure and puts forward corresponding suggestions.The first chapter is an overview of the overall environmental characteristics of Internet insurance and the obligations of insurers contracting information.This chapter first introduces the background,characteristics,and risks of today’s Internet insurance development.Among the issues discussed in this paper are the issues to be solved in this article—that is,the information provision issues of online insurance contract insurers.This is followed by theoretical considerations on the design of contractual information provision obligations of insurers in the "Insurance Law" and some issues arising in judicial practice.It also outlines several new requirements for the insurer’s explicit performance of obligations.The second chapter analyzes the new connotations of each component of the explicit obligation of insurance products under the online marketing model.This chapter begins with the perspective of the online marketing model,and discusses the new subject,which is different from the traditional model,who bears the obligation of explanation.Then it analyzes the way in which the insurer’s obligation to inform and the level of standards to be fulfilled.In addition to the above requirements,the classification of the terms of the insurance contract is also analyzed to understand the source of responsibility for the insurer’s performance of the obligation.Finally,we reviewed the legal consequences and responsibilities of failing to fulfill the obligationto inform.The third chapter is the introduction of the basic situation of the information disclosure obligation of investment-oriented insurance products.This chapter introduces the special nature of investment-based insurance products,and clarifies their similar properties with securities and trusts;through the analysis of the relationship between insurance companies and third-party network platforms,it clearly clarifies the information that third-party platforms should bear in the online sales process.And this chapter also summarizes the contents of information disclosure obligations from the perspective of elements.The fourth chapter is some suggestions for improving the obligations of the insurer to contract information under the online marketing model.This chapter analyzes the practical obstacles to fulfilling the obligations of China’s insurers in providing contractual information from the perspectives of traditional Internet insurance and investment-based insurance,and puts forward some superficial suggestions for the clear explanation obligations and information disclosure systems under the new model.
Keywords/Search Tags:Online Insurance, Explicitly Stated Obligations, Disclosure System of Information, Suggestion for Improvement
PDF Full Text Request
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