The development of things is often unexpected and reasonable. After CCTV's "Focus Interview" exposed fake insurance policies, the China Insurance Regulatory Commission threatened to crack down on fake insurance policies, pointing out that Ctrip's fake insurance policy case is far from a case. Lv Zhou, deputy director of the Insurance Intermediary Supervision Department of the CIRC, also pointed out that Ctrip.com does not have the qualification to run an insurance agent concurrently. Ctrip, which solemnly clarified before that it only sells fake insurance policies, continues to complain that it is also a "victim", and the responsibility should be borne by resource partners. In response to the media questioning the voice of Ctrip's alleged illegal operation, Zhuang Yuxiang, vice president of Ctrip, then published a blog post, bluntly saying that he did not have the qualification to be an insurance agent. He also boldly declared that Ctrip actually does not need insurance sales qualifications. All this makes the trend of Ctrip's insurance policy event full of uncertainty. Of course, we are all happy to see the high-profile attack of the China Insurance Regulatory Commission at all levels. For some media that Ctrip is suspected of illegal operation, we can make a comprehensive judgment from the following aspects. According to Zhuang Yuxiang, vice president of Ctrip, Ctrip. Com only provides a platform for consumers to publish and integrate online information, provide consumers with all kinds of travel information, and provide services for air tickets, hotel reservations and other related products. Of course, it also includes sales information and intermediary services of aviation insurance policies. Although this explanation is different from the "online travel service" published on Ctrip. Com's official website website, it is obvious that Ctrip considers itself an intermediary service provider, and specifically points out that it provides insurance intermediary services to consumers. According to the law of our country, a broker is a person who communicates information, facilitates transactions and provides related services for both parties in various trading activities. According to Ctrip's explanation, Ctrip is a typical broker and provides travel services to the outside world. Since Ctrip is engaged in insurance intermediary business, it is naturally bound by the Insurance Law and supporting normative documents. China's insurance intermediary business includes insurance agents, insurance brokers and insurance adjusters. For Ctrip, because it refuses to engage in insurance agency sales business and has no insurance agency license, Ctrip thinks its proper identity should be an insurance broker. According to the provisions of China's Insurance Law, an insurance broker is a unit that provides intermediary services for the insured to conclude an insurance contract with the insurer based on the interests of the insured, and collects commissions according to law. According to the relevant regulations of insurance brokers in China, insurance brokers are not allowed to run insurance agency business concurrently. So Ctrip is not qualified to be an insurance agent as it thinks. Then we can ask, does Ctrip have insurance broker qualification certificate, certificate issued by the competent insurance department and other licensing documents? The answer is probablyno. The next question is simple. What is the nature of Ctrip's unlicensed insurance brokerage business? Article 149 of the Insurance Law stipulates that those who violate the provisions of this law and illegally engage in insurance agency business or brokerage business without obtaining an insurance agency business license shall be banned by the insurance supervision and administration institution; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, the insurance supervision and administration institution shall confiscate the illegal income and impose a fine of more than/kloc-0 and less than 5 times the illegal income. If there is no illegal income or the illegal income is less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed. This seems to be an authoritative answer. Maybe Ctrip will argue that it doesn't need insurance broker qualification, because Ctrip provides intermediary services for policyholders and insurance agents, not for policyholders and insurers. This possible excuse seems reasonable, but it is still very fragile. Assuming this possible excuse is established, Ctrip's intermediary service is still an insurance activity, specifically a commercial insurance business activity. According to this possible excuse, Ctrip is entrusted by the "resource partner" to engage in the sales intermediary service of aviation insurance, and the insurance intermediary service, whether an insurance agent or an insurance broker, must hold a qualification certificate or qualification before taking up the post. Obviously, Ctrip does not have this condition. According to Article 67 of the General Principles of the Civil Law, if the agent still carries out agency activities knowing that the entrusted matters are illegal, or the principal knows that the agent's agency behavior is illegal and does not object, the principal and the agent shall bear joint liability. Therefore, in terms of civil liability, Ctrip is hard to blame anyway. Article 3 of the Insurance Law stipulates that this Law shall apply to insurance activities within the territory of People's Republic of China (PRC). In other words, if Ctrip needs to carry out commercial insurance business, it must first comply with the provisions of the Insurance Law. Then, does Ctrip's sales information and intermediary services of aviation insurance policies conform to the provisions of the Insurance Law and supporting normative documents? The answer seems clear. According to the provisions of Article 142 of the Insurance Law, those who set up insurance companies without authorization or illegally engage in commercial insurance business activities in violation of the provisions of this Law shall be banned by the insurance supervision and administration institutions; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, the insurance supervision and administration institution shall confiscate the illegal income and impose a fine of more than/kloc-0 and less than 5 times the illegal income. If there is no illegal income or the illegal income is less than 200,000 yuan, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed. So it seems that Ctrip is in danger. It is worth noting that Ctrip.com is said to be a company that provides tourism information consulting services on the Internet, mainly providing tourism consulting services. Whether the business scope approved by its business license for industrial and commercial enterprises includes commercial insurance business (including insurance agency, intermediary and consultation), and whether it is within the scope of review by the relevant administrative authorities for industry and commerce. If Ctrip is unwilling to respond positively, the relevant administrative departments for industry and commerce can certainly intervene to clarify the matter according to law, or confirm whether Ctrip has out-of-scope business activities (including commercial insurance activities) that require special permission. This is also an aspect of confirming whether Ctrip has illegal business practices. Ctrip, as an industry leader and listed company, does have numerous impressive achievements and bullish capital. We must give due respect and respect, which is why we don't discuss the two concepts of the crime of illegal business operation and the crime of illegal business operation, although this does not affect our request that Ctrip face up to the law and facts, disclose the whole truth of the "insurance policy" as soon as possible, and bear the corresponding legal responsibilities. Disclaimer of insurance industry: This article only represents the author's personal views and has nothing to do with Phoenix. Its originality and the words and contents described in this article have not been confirmed by this website, and this website does not make any guarantee or commitment to the authenticity, completeness and timeliness of this article and all or part of its contents and words. Readers are invited for reference only, please check the relevant contents yourself.
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