Legal Adaptation of Insurer’s Clear Explanation Obligation on the Internet

Based on the virtuality, interactivity and rapidity of the Internet transaction, there is a need for special legal adaptation of the insurer’s clear explanation obligation on the Internet. The basic idea should be to maintain the balance between facilitating the convenience of Internet transactions and the overall protection of insurance consumers. On the one hand, it is not necessary to take the insurance confirmation signed by the insured as the basis for determining the performance of the obligation; on the other hand, it is essential to evaluate independently clear explanation obligation and prompt obligation, and reject the current industry practice of importing “links” into embedded web pages as the judgment standard for clear explanation obligation. The interface of the policyholder’s statement is required to follow the requirements of “mandatory reading of the full text and the policyholder’s active check and confirmation”. Besides, it is recommended that, while promoting the standardization and popularization of terms of Internet insurance contracts, the hesitation period system should be fully applied to Internet insurance and the retrospective system of insurance sales practices should be regulated in a more operable and detailed manner.