Research On The Legal Issues Of Mutual Assistance On The Internet

As an Internet innovation mode,network mutual aid platform organizes users who are facing the same risk and makes relevant rules.When someone suffers losses due to the agreed risks,others share the funds to help them.At the beginning of the rise of network mutual aid,it claimed under the banner of insurance and promised to pay rigid compensation to attract users to join.However,most of the online mutual aid platforms are unable to guarantee their solvency and are prone to business risks.Therefore,the Insurance Regulatory Commission launched a campaign against the online mutual aid industry,saying that joining in mutual aid is a one-way donation or donation behavior,and it is not expected to obtain certain risk protection.Although the Insurance Regulatory Commission believes that online mutual aid belongs to the donation between members,the big mathematicians hold a negative attitude and believe that online mutual aid is still a commercial activity in essence,although it has the attribute of public welfare.At the same time,the rapid development of network mutual aid brings some legal risks,such as imperfect compensation mechanism,lack of supervision,insufficient information disclosure,and then there is the risk and possibility of damaging the rights and interests of users.This paper starts with the case,analyzes the legal theory of the focus of the dispute between the two sides,leads to the analysis of the concept and nature of network mutual assistance,expounds the legal relationship and the content of rights and obligations of the parties to network mutual assistance,and finally puts forward the problems existing in the legal aspects of network mutual assistance and the corresponding perfection suggestions.In addition to the introduction,this paper is divided into four parts,each of which is as follows:The first part: the proposal of the problem and the definition of the core concept.In this part,through the analysis of the case,the author concludes that there are disputes between the plaintiff and the defendant in the nature of network mutual assistance,the legal relationship between the two parties and the interpretation ofmutual assistance terms.Then through the introduction of the concept of network mutual aid,the nature of network mutual aid is clear.This paper holds that: first,the nature of network mutual aid risk protection is consistent with insurance;second,the elements of network mutual aid and insurance are the same.Therefore,network mutual aid belongs to insurance business activities.The second part: types of legal relations in network mutual assistance.In this part,the author analyzes the legal relationship between the members of network mutual aid and between the members and the platform of network mutual aid,summarizes the different views of the academic community,and then puts forward the author's views.This paper holds that the network mutual aid platform provides risk guarantee services,which belongs to the operators who provide commodity services.The members agree that the terms formulated by the platform are included in the mutual aid plan,which belongs to the consumers who accept Commodity services.The relationship between the platform and members is the relationship between the operators and consumers,and the platform reviews the mutual aid events and decides whether to pay the mutual aid,so there is no occurrence between members Direct civil legal relationship.The third part: the rights and obligations of the parties in the network mutual assistance.This part analyzes the rights and obligations of platform and members in network mutual assistance,and points out the rights and obligations of platform and members respectively.As the main body of operation,the network mutual aid platform provides risk assurance services and undertakes the obligation to pay mutual aid compensation for the mutual aid events that meet the requirements.The fourth part: the legal risks and regulatory Countermeasures in network mutual aid.This part mainly discusses the existing problems of network mutual aid platform in China and puts forward relevant suggestions.This paper believes that it is necessary to bring network mutual aid into the supervision scope of the insurance industry,and the relevant regulatory departments should formulate rules and regulations to ensure the healthy development of the network mutual aid industry.Of course,the network mutual aid industry should also strengthen self-regulation,improve the constitution,and better play the role of network mutual aid.