중국 인터넷 보험의 회고 및 대책 연구

JING CAO
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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.
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中国网络保险的回顾及对策研究
互联网技术、云计算等。随着“互联网+”的思想逐渐进入大众视野,各行各业都在加速与互联网领域的融合,在网上购物逐渐出现之后,互联网保险作为一种新的保险销售方式,越来越受到各国保险行业的青睐。特别是进入2020年以来,全球受到新冠肺炎疫情影响,互联网成为大多数人维持生活的基本方式。线下的传统商业模式被迫全部停止,越来越多的行为都依赖于互联网,因此传统保险受到了很大的冲击,互联网保险也应该是得到快速发展的趋势。与传统保险相比,互联网保险提高了保险的便利性和快速性,使被保险人可以在客户端接收到各种信息。互联网保险的发展为传统保险增加了多种销售模式,使得保险公司为客户提供的保险服务范围更加广泛。但不可忽视的是,在互联网保险的发展过程中,还存在着许多尚未克服的问题,如缺乏完善的互联网保险法律体系,由于保险公司在此过程中持有大量的客户数据,严重的信息不对称使得被保险人(即消费者)的合法权益无法得到充分的保护。以及互联网保险缺乏有效的纠纷解决机制、责任解释存在问题等,都影响了互联网保险在中国的发展和进步。本文分析了互联网保险的发展历史,以及互联网保险发展的优势和缺陷,对中国目前互联网保险发展中存在的主要问题进行了具体分析。并借鉴国外互联网保险的优秀经验。本文旨在通过以下途径有效规避网络保险面临的法律问题。一是完善互联网保险法律制度,二是健全互联网保险消费者权益保护法律制度,三是建立互联网保险多元化纠纷解决机制,四是完善互联网保险解释义务制度等,为中国互联网保险健康发展提供法律保障。
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