互联网金融是去年以来在中国大陆发展势头迅速的一个社会现象,引起社会各界和媒体的热议。其中,作为互联网金融组成部分的互联网保险亦成为保险市场上的新兴事物。笔者在肯定互联网保险的高效率、无纸化特点给保险市场带来勃勃生气的同时,也深感此类新型保险经营模式也必然影响到保险法律制度的适用。首先,互联网保险影响到保险合同的缔结阶段,包括认定保险人一方所承担的条款说明义务的履行标准,尤其是认定保险合同成立与生效的法律标准。其次,互联网保险影响到保险合同的履行,其中,关于投保人身份和保险责任开始时间的认定,均应当重新加以考虑。再有,互联网保险同样影响到保险监管制度的完善和适用。 Internet finance is a rapidly growing social phenomenon in mainland China since last year and has aroused heated discussions among various sectors of the community and the media. Among them, Internet insurance, a component of Internet finance, has also become a new issue in the insurance market. While affirming the high efficiency and paperless features of Internet insurance, the author is also excited about the insurance market. At the same time, I also deeply feel that such new insurance business model will inevitably affect the application of the insurance legal system. First of all, Internet insurance affects the stage of the conclusion of the insurance contract, including the performance of the performance obligations stipulated by the insurer, and especially the legal standards that establish the insurance contract and take effect. Second, Internet insurance affects the performance of insurance contracts, of which the identification of the applicant and the starting time of insurance liability should be reconsidered. Moreover, Internet insurance also affects the improvement and application of the insurance regulatory system.