Research On Legal System Of Compulsory Insurance Of Transport By Water

With the continuously outspread of transport, especially the rapid increasing of coastal oil and chemical tanker, as well as the momentous influence of internal passenger transport, it is so eager for the legislation to deal with a problem which is "how to control the peril from maritime transport by effective legislation". Recently, as the development of our domestic insurance and compulsory insurance system in international maritime law, it is agreed that the application of compulsory insurance in some area of transport by water is effective in protecting social interest and compensating victim.However, lacuna still exists in our internal transport by water for compulsory insurance; there should be new legislation to fill the blank. Therefore, the amendment of "Regulation of the People's Republic of China for the Administration of Water Transport" (hereinafter Regulation) is trying to establish compulsory insurance system for vessels. It is entirely necessary and an opportunity in establishing internal transport by water compulsory insurance system. The Regulation prescribe the basement and scope of compulsory insurance, as well as finding the balance point from protecting social interests and the capability of operators. There should be an in-depth study in how to establish concrete and consummate statute, so the author gave deep research and argumentation through the basement, the frame and the establishment of compulsory insurance system together with interrelated systems. The author also gave suggestions in order to solve the practical problems.