On The Affirmation Of The Significant Increase Of The Dangerous Degree Of Online Car Insurance

In judicial practice,many private cars have traffic accidents in the process of taking passengers on the online car-hailing platform.The insurer has argued that the non-operating vehicles converted to operating vehicles are significantly more dangerous.Whether the company is liable for compensation is the opposite.From the perspective of my country’s legislation,Article 52 of my country’s "Insurance Law" significantly increases the risk of notification obligations,and does not specify the criteria for determining the significant increase in the degree of danger of the subject-matter insured.Article 4 of the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China(4)” effective September 1,2018 stipulates the factors that need to be considered for “significant increase in the degree of danger”,but it is not a determination criterion,Only to provide a reference direction in practice,and whether the provision of this clause is reasonable,how to interpret this clause,and whether this clause can solve the above-mentioned problems arising from the actual car-hailing insurance claims and case judgments in practice.How to use Article 52 of the Insurance Law to protect and coordinate the rights and interests of the insurer and the insured in the car-hailing insurance is an urgent problem to be solved in academic research and judicial practice.In view of the complex situations in the operation of online car-hailing,the identification of the significant increase in the degree of danger of the insurance subject under different circumstances should be distinguished.The article analyzes and summarizes the different situations.In article 52 of the Insurance Law and the Supreme People’s Court On the basis of the application of Article 4 of the "Interpretation of Several Issues of the Insurance Law of the People’s Republic of China(4)",the determination of the significant increase in the degree of danger of the insurance subject in the car-hailing car proposes the restrictions on the use of this clause and the further improvement of the feasible It is recommended to provide a thinking paradigm for judicial practice.The article combs the current research situation at home and abroad.Through the analysis of the specific characteristics of the car-hailing and the increased risk,the theory of online car-hailing and the degree of danger increase is constructed.On the basis of increasing the relevant legislation status and judicial case studies,the three principles of salience,continuity and unpredictability are proposed as the criteria for identification.And from the aspects of improvement in terms of significantly increasing the degree of danger and the construction and improvement of the car-hailing insurance system,suggestions for improving the relevant system were put forward.