[Editor’s note]2013Year9month117669_7834The original report is as follows:

Mid-Autumn Festival moon viewing w88 mobile suspected of gambling

(Source: "Procuratorial Daily"2013Year9month11日）

Recently, Allianz Property & Casualty w88 mobile and Taobao w88 mobile (Fangxinbao) cooperated to launch a unique w88 mobile product—“Mid-Autumn Moon Viewing w88 mobile”. The w88 mobile is divided into two levels:First level w88 mobile price20yuan, if the insured is in the moon-viewing city(Shanghai, Guangzhou or Shenzhen)If you cannot see the moon due to weather reasons, you can get w88 mobile compensation50yuan;Second w88 mobile price99yuan, moon-viewing city41pieces, amount of compensation188Yuan. This moon-viewing w88 mobile is in the form of an additional w88 mobile for personal accident w88 mobile. The essence of this w88 mobile is personal accident w88 mobile valid for one day. The main w88 mobile liability is death, disability or burns due to accidental injuries suffered by the insured on the Mid-Autumn Festival. The maximum compensation1010,000 yuan;The additional w88 mobile liability is that on the day of the Mid-Autumn Festival, if the weather conditions in the moon viewing city designated by the insured are cloudy or rainy, causing inconvenience for the insured to enjoy the moon, the w88 mobile company will pay the insured an inconvenience allowance for moon viewing.

“Mid-Autumn Moon Viewing w88 mobile”’s main w88 mobile is personal accident w88 mobile, which is limited to“Mid-Autumn Festival day”One day, it violated the basic principle that the w88 mobile period of life w88 mobile should not be too short, and violated the rights of w88 mobile consumers. I won’t go into details here, but mainly talk about the illegal problems existing in additional w88 mobile.

According to the w88 mobile law, there are three prerequisites for the insured of property w88 mobile to obtain w88 mobile compensation:The insured has an insurable interest in the subject matter of the w88 mobile when the insured accident occurs. The insured suffers a loss. The insured accident is clear and there is a causal relationship between the occurrence of the insured accident and the loss. But these conditions are“Mid-Autumn Moon Viewing w88 mobile”None of them.

First of all, the insured does not have insurable interests. When an insured accident occurs, the insured(Moon Appreciator)Whether the insured subject matter has insurable interest can be judged based on the validity of the Property Law and the Obligation Law. According to the "Outer Space Treaty" and the "Moon Agreement", moon-viewers have no right to claim ownership or other property rights over the moon based on property rights law, nor have they the right to claim creditor's rights and interests based on contract law and other creditor's rights laws. Since moon-watchers have no rights to the moon(With moonlight)The claim of having some kind of interest is unfounded in law, which shows that the moon watcher has no w88 mobile interest in the moon. Even if the moon watcher does not see the moon within the weather characteristics specified in the contract, it cannot prove that he has suffered any property damage if he did not see the moon. It can be seen that the w88 mobile company pays the insured in the name of w88 mobile“w88 mobile money(Allowance)”Is illegal.

The provisions of the w88 mobile Law on insurable interests are mandatory and cannot be changed by w88 mobile companies. Because w88 mobile benefits have two values:The first is to prevent the occurrence of moral hazard and endanger the safety of the insured, and the second is to prevent gambling. In this case, the w88 mobile company knew that the insured could not enjoy w88 mobile interests in the moon under any circumstances, but it still collected payments from the public under the guise of w88 mobile. As for whether it would lose or make money in the future, it only depended on the Mid-Autumn weather forecast. This kind of mentality and motivation is a complete gambler's mentality, and its operation mode is also a paradigm of gambling.

The second is that the insured did not suffer any property damage. Property w88 mobile only compensates for property losses and does not cover mental losses(my country’s compulsory traffic w88 mobile is an alternative), Since the moon gazer has no w88 mobile interest in the moon, he cannot prove that he suffered economic losses due to not seeing the moon.

Again,“Mid-Autumn Moon Viewing w88 mobile”The standard for determining whether an insured accident has occurred is illegal. The insured events agreed in this w88 mobile type are:“If it is cloudy or rainy, the insured can get it"Moon Viewing Inconvenience Allowance", but"Overcast to cloudy, overcast to clear, rain to cloudy, rain to clear"w88 mobile companies are exempt from liability under four weather conditions.”The w88 mobile also states that the w88 mobile company determines whether the moon gazer did not see the moon, yes“Based on China Weather Network9month19Sunday Mid-Autumn Festival night18Click to publish20pm to early morning of the next day2The weather information of the point, if the weather information released is cloudy or rainy, it will be deemed that the moon cannot be seen in order to receive compensation”. This means that if the weather forecast is inaccurate and the weather is forecast to be clear, but the moon gazer does not see the moon, the w88 mobile company will still not pay. According to w88 mobile law and w88 mobile principles, the occurrence of an insured accident refers to an objective insured accident suffered by the insured(“Did not see the moon”), not according to“Weather Forecast”to make formal judgments, and the relevant agreements and judgment basis of the w88 mobile obviously violated the w88 mobile law.

In short, as additional w88 mobile“Mid-Autumn Moon Viewing w88 mobile”It is a blatant gambling behavior and a typical illegal behavior of gambling and speculation under the guise of w88 mobile. If the w88 mobile company is really philanthropic, it can donate generously to the moon admirer, but don’t“Enjoy”w88 mobile.