论中国网络互助计划的保险属性及完善监管建议

Abstract:Network mutual assistance is developed and upgraded by means of internet technology from traditional mutual assistance，which takes a new operating model and shows a new feature along with a new vitality，but also brings new risks.The typical network mutual assistance in today's market is not insurance in legal system.However，it is easy to be identified as illegal insurance business or violation of insurance or advertising laws and regulations，as long as there is little change in its business model or slight mistake in its management.Currently，network mutual assistance has many risks，for example，investors’characteristic of profit chasing are not in line with the nature of public interest，its business model is difficult to sustain，its raised funds may be misappropriated，its operation is not standardized or even illegal，and its members cannot always achieve their“rights”or“expectations”，the leakage of personal information，etc..To ensure the network mutual assistance a bright future，we have to determine its position，identify the main body of supervision and responsibilities，establish and improve the content of specific regulatory measures to strengthen supervision.

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