Study On The Problems Of The Third Party Direct Claim In Marine Compulsory Liability Insurance

As the development of the marine compulsory liability insurance, how to strengthen the protection of third party of liability insurance has become an important topic. Establishment of the direct request rights of the third party in liability insurance is a powerful tool to protect the interest of a third party. Marine conversations and other countries'legislations in the filed regulate the direct request rights of the third party. In our country, the theoretical research in the field is on the staring stage, the legislation also have some problems. Based on the preliminary study on some fundamental problems of the third party's direct claim system, combining conversations and other countries'legislation, this thesis intent to point out the problems in our country and give some advice for improving. In addition to the introduction and the conclusion, the thesis is divided into three chapters.The first chapter gives an overview on the direct claim to the third party in marine compulsory liability insurance. It introduces the definition of the marine compulsory liability insurance and third-person direct claim. It describes the legislative status quo of the direct claim to the third party in international conversation and other country and analysis the condition of the third party to claim, and the defense right of the insurance.The second chapter gives a research on the basement of the third party direct claim. The chapter divides into two parts. The first part analysis the foundation in reality of the third party direct claim, that is, the significance. The second part analysis the foundation in theory of the third party direct claim and the doctrine of the third party direct claim in marine compulsory liability insurance.The third chapter points out the flaws of the third party direct claim system in the Insurance Law/the Proceeding of the Special Procedures of the Marine Act and the Maritime Law. Then give some advice on improving the third party direct claim in marine compulsory liability insurance in our country. This chapter include:the range of marine compulsory liability insurance/the condition of third party direct claim./the insurance's rights in the direct claim and so on.