互联网电商模式下保险人说明义务研究

Research on Insurers’ Duty of Disclosure under the Internet E-Commerce Model

摘要: 保险人说明义务是指保险人应当于保险合同订立阶段将保险合同条款、专业术语及重要内容，向投保人明确提示并解释清楚，以便使投保人准确理解自身权利与义务。随着互联网电商的发展，互联网保险销售方式蓬勃发展。因其线上缔约的特性，保险人说明义务在履行方式和标准上均与传统模式存在区别。当前互联网保险说明义务履行呈现形式合规而实质不足的特征，包括链接跳转合规性争议、概括确认选项效力认定困境、说明内容通俗性欠缺等问题。究其原因，是互联网技术特性与制度局限、监管及行业自律滞后、市场主体利益驱动等因素共同作用。本文从立法体系构建、设定流程标准、证据标准认定、监管技术手段与纠纷调解机制等方面提出建议，旨在完善相关制度，平衡保险人经营效率与投保人权益，推动互联网保险行业规范健康发展。

Abstract: The insurer’s duty of explanation refers to the obligation of an insurer to, at the stage of concluding an insurance contract, expressly draw the applicant’s attention to and clearly explain the contractual clauses, technical terms and material contents of the insurance contract, so as to enable the applicant to accurately understand its own rights and obligations. With the development of internet e-commerce, the internet-based insurance sales model has witnessed vigorous growth. Owing to its feature of online contract conclusion, the methods and standards for the performance of the insurer’s duty of explanation differ from those under the traditional model. At present, the performance of such duty in internet insurance is characterized by compliance in form but insufficiency in substance, which involves disputes over the compliance of link redirection, dilemmas in determining the validity of general confirmation options, inadequate accessibility of explanatory contents and other issues. Such problems arise from the combined effect of multiple factors, including the technical attributes of internet technology and institutional constraints, lagging regulation and industry self-regulation, as well as the profit-driven incentives of market participants. This paper puts forward suggestions from the perspectives of establishing a sound legislative system, setting procedural standards, determining evidential standards, adopting technological regulatory means and improving dispute mediation mechanisms, aiming to refine the relevant rules, strike a balance between insurers’ operational efficiency and applicants’ rights and interests, and promote the regulated and sound development of the internet insurance industry.