Research On The Legal Issues Of Internet Insurance Contract Effectiveness

Internet insurance is a new insurance model based on traditional insurance and internet technology,and therefore inevitably brings multiple risks with its rapid development.In this regard,it is particularly important to adjust the the law for internet insurance contract,which ensures the safety of the Internet insurance business.Taking the legal validity of Internet insurance contracts as the entry point,this essay,firmly adheres to legal practice,follows systematic research logic,and proposes targeted solutions based on the analysis of three practical dilemmas leading to changes in the validity of Internet insurance contracts,namely,validity,invalidity and dissolution,with the aim of adjusting and improving the validity of Internet insurance contracts rules.Regarding the central theme of the validity of internet insurance contracts,this essay will be divided into four parts.Starting from the basic theory of internet insurance contract,it analyzes the problems that arise in China’s internet insurance contract in terms of the point of time when the insurance contract is formed and effective,the abuse of the insurer’s right to terminate the contract and the identification of the subject of the insurance contract,and puts forward corresponding suggestions.The essay’s research focuses on three parts.The first part is the issue and legal adjustment of the entry into force of the Internet contract,which focuses on the establishment of the online insurance contract and the determination of the time of entry into force.Online insurance leads to disputes arising from the relative ambiguity of the point of time when the insurance contract is established and takes effect.The article expounds different theoretical views on the establishment and effective time of Internet insurance contract,and gives the solution.First,clarify the criteria for the establishment of Internet insurance.Second,establish feedback mechanism,such as manual feedback to confirm the delivery of contract.Thirdly,through comparative analysis,establishing rules for revocation of policyholder’s offer,trying to balance the interests of both parties based on improving the existing rules.The second part is the issue of Internet insurance contract dissolution and its legal adjustments.There is no clear definition of the scope and standard when the Internet policyholder fulfills the inform obligation,and in order to gain greater benefits,the insurer is more likely to dissolve the contract on the ground that the policyholder has not fulfilled the obligation to inform truthfully.With in-depth analysis of the policyholder’s obligation to inform truthfully,this essay argues that the determination of important facts should be based on a combination of subjective and objective criteria,with applying different extents of the content of general terms to different insurance subjects.In addition,the information verification obligation of Internet insurers should be strengthened to balance the rights and obligations of both parties to the contract.The third part is the issue of invalidation of Internet insurance contracts and its legal adjustments.It is difficult for insurer to identify the real identity of the policyholder,which makes it easy for the invalidating of Internet insurance contract to occur.In addition,if the actual operator of Internet insurance is not the same as the actual policyholder,the issue of identifying the real policyholder is also controversial.In view of the above problems,this essay firstly compares the existing means of policyholder identification,and then proposes that the scope of beneficiaries and the amount of compensation in Internet life insurance should be limited to prevent moral risks.In addition,we should strengthen the intelligence of the contracting process and establish a customer identification mechanism,so as to strengthen the contractual spirits.