Review of the Development of Internet Insurance in China and Countermeasures Research
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
Internet technology, cloud computing, etc. With the thought of “Internet +” gradually entering the public’s field of vision, all walks of life are accelerating the integration of the Internet field, after the gradual emergence of online shopping, Internet insurance, as a new way of selling insurance, more and more favoured by the insurance industry in various countries. Especially since the beginning of 2020, the world has been affected by COVID-19, and the Internet has become a basic way for most people to maintain their lives. The offline -traditional business model was forced to stop all, more and more behaviours are relying on the Internet, so the traditional insurance was hit by a large impact, the Internet insurance also should be the trend to get rapid development. Compared with traditional insurance, Internet insurance enhances the convenience and speed of insurance, so that the insured can receive a variety of information at the customer terminal. The development of Internet insurance has added a variety of sales modes to the traditional insurance, it makes insurance companies provide customers with a wider range of insurance services. However, it cannot be ignored that there are still many problems that have not been overcome in the development process of Internet insurance, such as the lack of a complete legal system for Internet insurance, As insurance companies hold a large amount of customer data in the process, serious information asymmetry that prevents the legitimate rights and interests of the insured (i.e., consumers) from being completely protected. And lack an effective dispute resolution mechanism, and the duty to explain is problematic in Internet insurance, all affect the development and progress of Internet insurance in China. This paper analyses the development history of Internet insurance, as well as the advantages and defects of the development of Internet insurance, conducts a specific analysis of the main problems existing in the development of China’s current Internet insurance. And learns from the excellent experience of Internet insurance in other countries. This paper aims at effectively avoiding the legal problems faced by Internet insurance through the following. First, improve the legal system of Internet insurance, second, sound the legal system of protection of Internet insurance consumers’ rights and interests, third, establish the diversified dispute resolution mechanism for Internet insurance, fourth, improve the system of Internet insurance explanation obligation, etc., so that to provide a legal safeguard for the healthy development of China’s Internet insurance.
Abstract
Internet technology, cloud computing, etc. With the thought of “Internet +” gradually entering the public’s field of vision, all walks of life are accelerating the integration of the Internet field, after the gradual emergence of online shopping, Internet insurance, as a new way of selling insurance, more and more favoured by the insurance industry in various countries. Especially since the beginning of 2020, the world has been affected by COVID-19, and the Internet has become a basic way for most people to maintain their lives. The offline -traditional business model was forced to stop all, more and more behaviours are relying on the Internet, so the traditional insurance was hit by a large impact, the Internet insurance also should be the trend to get rapid development. Compared with traditional insurance, Internet insurance enhances the convenience and speed of insurance, so that the insured can receive a variety of information at the customer terminal. The development of Internet insurance has added a variety of sales modes to the traditional insurance, it makes insurance companies provide customers with a wider range of insurance services. However, it cannot be ignored that there are still many problems that have not been overcome in the development process of Internet insurance, such as the lack of a complete legal system for Internet insurance, As insurance companies hold a large amount of customer data in the process, serious information asymmetry that prevents the legitimate rights and interests of the insured (i.e., consumers) from being completely protected. And lack an effective dispute resolution mechanism, and the duty to explain is problematic in Internet insurance, all affect the development and progress of Internet insurance in China. This paper analyses the development history of Internet insurance, as well as the advantages and defects of the development of Internet insurance, conducts a specific analysis of the main problems existing in the development of China’s current Internet insurance. And learns from the excellent experience of Internet insurance in other countries. This paper aims at effectively avoiding the legal problems faced by Internet insurance through the following. First, improve the legal system of Internet insurance, second, sound the legal system of protection of Internet insurance consumers’ rights and interests, third, establish the diversified dispute resolution mechanism for Internet insurance, fourth, improve the system of Internet insurance explanation obligation, etc., so that to provide a legal safeguard for the healthy development of China’s Internet insurance.
참고문헌 (61)
- Wen Shiyang, "Insurance Law" (2016), Law Press
- Jia Linqing, "Insurance Law" (2014), People’s Publishing Office
- Xi Yuli, "New model of Internet insurance" (2016), CITIC Press
- Fan Jian, Wang Jianwen, "Insurance Law" (2017), Law Press
- Liu Chunhua, "Research on legal regulation of Internet financial supervision" (2018), Law Press
- Insurance Law of China, "Annotations and Supporting" (2020), China Legal Publishing Office
- Ren Zili, "General Introduction to Insurance Law" (2010), Tsinghua University Press
- Yin Tian, "Frontiers of Insurance Law" (2017), Intellectual Property Publishing Office
- Li Shuangyuan, "Research on Several Issues of E-Commerce Law" (2016), Wuhan University Press
- Fan Qirong, "On the Institution of Disclosure Obligation in Insurance Contracts" (2004), China University of Political Science and Law Press
- Wu Changhai, "Research on the Legal Regulation of Internet Insurance" (2016), China University of Political Science and Law Press
- Yu Haichun, "Research on the Protection System of Insurance Consumers’ Rights and Interests－Focusing on the Regulation of Insurers’ Explanatory Obligations" (2015), University of International Business and Economics Press
- Han Changyin, "New Theory of Insurance Law" (2010), China University of Political Science and Law Press
- Hou Xuhua, "Research on the financial risk of Internet insurance companies", Theory and Practice of Finance and Economics (2017)[DOI]
- Dong Biao, "Internet insurance business freedom from the perspective of consumer rights protection", National Prosecutors Academy Journal (2017)[DOI]
- Wang Jing, "China’s Internet insurance development status and existing problems", China Circulation Economy (2017)[DOI]
- Jia Linqing, "The game between Internet finance and insurance supervision system rules", Social Sciences (2014)[DOI]
- Zhong Runtao, "Comparison of Internet insurance development in the United States, Britain, and Japan and its enlightenment to China", Southern Finance (2016)[DOI]
- He Dexu, "China’s Internet insurance : model, impact, risk and supervision", Shanghai Finance (2015)[DOI]
- Richard Brophy, "Development of insurance regulation in Ireland", Financial regulation and Compliance (2012)[DOI]
- Insurance Association of China, "China’s Internet insurance industry development report", China Finance and Economics (2018)[DOI]
- Insurance Association of China, "Internet insurance industry development report" (2014), China Finance and Economics Publishing House
- Qi Aimin, "Principles of Internet Finance Law and International Rules" (2014), Wuhan University Press
- Zhou Lei, "Research on the Effective Supervision System of Internet Insurance in China under the New Normal", Research on Financial Theory (2018)[DOI]
- Insurance Association of China, "2017 China Internet Insurance Industry Development Report" (2017), China Finance and Economics Publishing House
- Meng Xia, "Research on international experience of Internet insurance business development and supervision", Internet Finance Development (2016)
- Wang Yang, "The development and supervision experience of foreign Internet insurance industry and its enlightenment to China", Wuhan Finance (2017)[DOI]
- Sai Zheng, "Research on Internet insurance supervision under incomplete laws", pp.23~ (2016), Hubei Police Academy
- Zhang Qian, "Analysis on the regulatory measures of China’s network insurance", Business Manager, 13~ (2015)
- Wu Changhai, "Research on the legal regulation of Internet insurance" (2016), China University of Political Science and Law Press
- Pan Hongyan, "On the Insurer’s Exemption Clause to Clearly Explain the Obligation－Based on the Practical Investigation of the Insurance Industry", Contemporary Law (2013)[DOI]
- Xie Gen, "The Normative System of Standard Clause Content Regulation", Legal Research, pp.35~ (2013)[DOI]
- Zhang Yan, "Analysis of Internet Insurance Compliance Issues", Legal System and Economics (2014)[DOI]
- Chen Xiaoping, "Research on the Problems Faced by the Sustainable Development of China’s Internet Insurance", Modern Economic Information, pp.21~ (2014)[DOI]
- Li Zhongjie, "Legal Risk Analysis and Supervision Suggestions for Internet Insurance", Forum on the Rule of Law (2014)[DOI]
- Jia Linqing, "The Impact of Internet Finance on the Application of Insurance Contract System", Insurance Research (2014)[DOI]
- Cao Wenbing, "The Insurer’s Explanation Obligation under the Network Marketing Mode", People’s Justice (2015)[DOI]
- Ma Ning, "Criticism of the Insurer’s Explicit Obligation", Legal Research (2015)[DOI]
- Yu Jianguo, "Discussion on Establishing the Principle of Reasonable Expectations in Internet Insurance", Shanghai Insurance (2015)[DOI]
- Yu Yongning, "Judicial Review of the Insurer’s Explanatory Obligation－Centered on Judicial Interpretation II of the Insurance Law", Law Forum (2015)[DOI]
- Deng Ying, "Analysis of the Legal Nature of Card Insurance Business Process", Social Sciences (2015)[DOI]
- Li Qiong, "Analysis of the Internet’s Impact on China’s Insurance Marketing Channels", Insurance Research (2015)[DOI]
- He Lixin, "The Impact and Reshaping of Internet Insurance on Traditional Insurance Legal Rules－From the Perspective of Type Analysis", Lanzhou Academic (2016)[DOI]
- Fan Haiyun, "Research on Legal Issues Related to Internet Insurance", Legal System and Society (2016)[DOI]
- Wei Qianyu, "The development of Internet insurance in the United States, Britain and Japan and its enlightenment to China", Business Economic Research (2016)[DOI]
- Cui Yuqing, "Research on my country’s Internet Insurance Legal Risks Based on the Principle of Maximum Good Faith", Finance and Law (2017)[DOI]
- Qian Siwen, "Deconstruction and Systematic Regression of the Insurer’s Explanation Obligation", Insurance Research (2017)[DOI]
- Zhan Kaili, "The obligation of the insurer to explain the terms of the Internet insurance contract in China", North China Finance (2017)
- Shen Xiaojun, "The Insurer’s Consulting Duty in German Law－Also on the Perfection of China’s Insurer’s Explanatory Duty", Insurance Research (2017)
- Cui Yuqing, "Research on my country’s Internet Insurance Legal Risks Based on the Principle of Maximum Good Faith", Finance and Law (2017)[DOI]
- Wang Jiajun, "Research on the Obligation of Clear Explanation in Internet Insurance－Analysis Based on Judicial Case Controversies", Insurance Research (2017)[DOI]
- Tan Yuanyuan, "Interest Conflicts and Prevention Mechanisms of Incomplete Internet Insurance Contracts", Insurance Research (2018)[DOI]
- Wu Changhai, "An Empirical Study on Judicial Cases of Standard Judicial Cases for the Performance of Internet Insurers’ Explanatory Obligations", Law Application (2018)[DOI]
- Zhang Jincheng, "Analysis of Insurers’ Explanatory Obligations", New Horizons (2019)[DOI]
- Hu Anqi, "An Empirical Study on Judicial Regulation of Standard Clauses in User Agreements on Internet Platforms", North Law (2019)[DOI]
- Ma Ning, "The Chinese Vision of Consumer Insurance Legislation", Chinese and Foreign Law (2019)[DOI]
- Li Yuquan, "Civil Code and the Insurer’s Obligation to Explain", Insurance Research (2020)[DOI]
- Ning Hongli, "Research on the Compulsory Disclosure Regulations of Platform Format Terms", Jinan(Philosophy and Social Sciences) (2020)[DOI]
- Yin Di, "From Agreed to Statutory : The Construction of the Hesitating Period System of Personal Insurance", Law and Business Research, pp.37~ (2020)[DOI]
- Pan Hongyan, "The Structural Interpretation and Improvement of the Provisions on the Policyholder’s Duty to Tell the Truth in the Insurance Law", Journal of Law (2020)[DOI]
- Ye Zhishan, "Development History, Risks and Path Exploration of China’s Internet Insurance", Technical Economics and Management Research (2021)[DOI]