自助保险卡业务中法律问题研究

发布时间：2019-04-27 13:53

【摘要】：网络科技的飞速发展促进了无纸化时代的到来,市场规律决定了行业发展需要顺应时代的要求。就保险市场而言,也逐渐由传统纸质保单时代向网络电子商务保险进行过渡。为紧跟时代发展,快速抢占电子保险市场,各家保险公司积极建立了各网络保险销售平台,大力发展保险网销业务,开拓电子保险市场。但在传统保单向电子保险过渡的过程中,依旧存在部分消费者对网络保险信任度不够却又希望简化投保流程、便捷投保的问题。于是,在保险行业的衍进发展过程中,产生了自助保险卡这一过程衍生产品。作为一种过渡期的新型保险产品,自助保险卡的设计满足了保险公司节约成本,方便销售的要求；从熟悉的保险代理人或业务员手中购得的业务模式,也满足了消费者对这种保险产品的信任问题。自助保险卡产品拥有广阔的市场需求背景,具有一定规模且稳定的客户源。其一经保险公司推出,便迅速获得市场认可,很快在保险市场上占有重要份额。但在实务操作中,因目前法律和监管层面均未对这一新型产品进行定性和有效约束,司法实务中对自助保险卡产品出现了较多的争议。鉴此,对自助保险卡业务中存在的法律问题展开深入研究,就具有十分重要的意义。本文从以下四个方面对自助保险卡产品的业务模式和法律问题进行了研究。第一部分“自助保险卡业务流程的法律性质”,在该部分,对目前学术界存在的“同一合同说”和“不同合同说”做了简要介绍和评析。提出针对自助保险卡产品,“预约本约说”更具有理论依据和实践操作意义。第二部分“自助保险卡业务中保险合同的成立和生效”,分析了自助保险卡业务中保险合同的成立、生效和保险责任开始期间。第三部分“自助保险卡业务中保险人的明确说明义务”,分析了保险人提示说明义务的必要性、履行标准、法律后果并具体明确到自助保险卡中相应义务的履行及责任承担。第四部分“自助保险卡业务中的保险责任承担”,通过司法实践中的案例分析,阐述了不同情况下保险责任的承担情况。
[Abstract]:The rapid development of network technology promotes the advent of paperless era, and the market law determines that the development of the industry needs to conform to the requirements of the times. As far as the insurance market is concerned, it is also gradually transitioning from the traditional paper policy era to the network e-commerce insurance. In order to keep pace with the development of the times and quickly seize the electronic insurance market, various insurance companies have actively established various network insurance sales platforms, vigorously developed the insurance online sales business, and opened up the electronic insurance market. However, in the process of the transition from traditional policy to electronic insurance, there are still some problems that some consumers do not have enough trust in network insurance, but also want to simplify the insurance process and facilitate insurance. Therefore, in the development of insurance industry, the process of self-service insurance card derivative products. As a new type of insurance product of transition period, the design of self-service insurance card meets the requirement of saving cost and convenient sale of insurance company. Business models purchased from familiar insurance agents or salesmen also satisfy consumers' trust in the insurance product. Self-service insurance card products have a broad background of market demand, with a certain scale and stable customer source. One through the insurance company launch, then quickly won the market recognition, quickly occupies an important share in the insurance market. However, in practice, because of the lack of qualitative and effective restrictions on this new product in legal and regulatory aspects, there are many disputes in judicial practice about the self-service insurance card product. Therefore, it is of great significance to deeply study the legal problems existing in the self-service insurance card business. This paper studies the business model and legal problems of self-service insurance card products from the following four aspects. The first part "the legal nature of the business process of the self-service insurance card". In this part, the author gives a brief introduction and comment on the "same contract theory" and "different contract theory" existing in the academic circles. In view of the self-service insurance card products, the reservation contract theory has more theoretical basis and practical significance. The second part "the establishment and effective of the insurance contract in the self-service insurance card business", analyzes the establishment of the insurance contract in the self-service insurance card business, the effective period and the beginning period of the insurance liability. The third part, "the explicit obligation of the insurer in the self-service insurance card business", analyzes the necessity, the standard of performance, the legal consequence and the performance and responsibility of the corresponding obligation in the self-service insurance card. The fourth part "Insurance liability undertaking in self-service insurance card business", through the case analysis in judicial practice, expounds the insurance liability under different circumstances.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.284

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