Research On Legal Issues Of Increasing Notification Obligation For Dangers In Online Private Car

Article 52 of the Insurance Law of our country systematically stipulates the Risk-increasing Notification Obligation.At the same time,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)"(hereinafter referred to as the "Judicial Interpretation of the Insurance Law(4)")also clarifies many factors that should be considered when "significant increase in the degree of danger" in response to problems that arise in practice.This article summarizes the problems encountered in the judicial practice of online private cars and puts forward some suggestions for improvement,so as to provide references for the standardized development of online private cars.The article first introduces the online private car and relevant theories about the increased notification obligation of danger,and then summarizes the problems in legislation and judicial practice and tries to solve them.Legally,it mainly lies in the failure to further specify the significance and the legal consequences that the insured will face if he fails to perform the duty of notification of increased risk.The determination of significance should be combined with judicial practice and theoretical viewpoints from the perspective of importance,continuity and unpredictability.However,the punishment of full refusal is too obvious and needs to be adjusted appropriately by introducing the principle of proportionality.In judicial practice,it mainly involves the identification of the nature of the vehicle,the judgment of the operation and the nature of the obligation to notify the increased danger.In response to the above problems,it is pointed out that the court should first clarify the nature of the vehicle in the judgment.In the judgment of whether the vehicle is operational,it can refer to the division of the operation period of online car-hailing in foreign countries.Vehicles in the self-use period are not operational,it is not allowed to refuse compensation on the grounds of failure to comply with the increased risk after an accident.However,the waiting period,greeting period,and passenger loading period are all divided into operational phases,which are operational.At this time,the insured shall perform the duty of notification of increased risk.Under special circumstances,whether the vehicle is in self-use period needs to be analyzed in conjunction with causality.At the same time,the obligation of notification of increased risk is determined as an agreed obligation.At the end of the article,the author identifies the obligation to notify the increase in danger as an agreed obligation.The insurer can only require the insured to perform the duty of notification of increased risk only if it is agreed in the contract.