The Study On The Particularity Of Marine Insurance

Marine insurance is the origin of modern insurance, and due to its many particularities, it is difficult for the comprehensive insurance law to regulate it. The provisions of marine insurance in China are mainly embodied in Maritime Code of the People's Republic of China (hereinafter referred to as CMC), while the new revised Insurance Law of the People's Republic of China (hereinafter referred to as CIL) does not exclude the application for marine insurance activity. In China, CMC has always been regarded as the special law which shall prevail, while CIL has been regarded as the general law in marine insurance which will be applied to when there's no relevant provisions on marine insurance in CMC. Whether this legislative framework is reasonable does really worth analysis. Nowadays, as lots of people suggest revise CMC and the new CIL has just come into force in 2009, it is how to deal with the relationship between marine insurance law and general insurance law that is very important for the development of Chinese marine insurance performance.In view of the above situation, this thesis, by its five chapters, analyzes of the historical evolution, content, the value orientation, practical activities and unique systems on marine insurance, in order to show the particularity of marine insurance. And on the basis of legislative framework of the main countries, the author thinks that it is rational and necessary for China to maintain the existing legislative framework on marine insurance law while it is improper to enact the Marine Insurance Act. After the amendment of CIL, there are some unconformities between the provisions of CMC and CIL. Some unconformities will still exist for a period of time due to the particularity of marine insurance, while some unconformities which are caused by the different legislative background shall be resolved by modification of laws to achieve the goal of coordination of two laws. Only by the coordination of any discrepancies between CMC and CIL, marine insurance legislation could be made more perfect which in return will promote Chinese marine insurance to the further development.