Research On The Protection For The Third Party's Benefits In Marine Liability Insurance Of China

As the liability insurance concept turns to compensate the loss of the injured third party, the benefits of the injured third party gains special respect and the legislation concerning liability insurance of every country is inclined to protect the benefits of the third party. Marine liability insurance not only belongs to marine insurance but also is one of liability insurance, which should comply with the trend.However, our country's systematic research and legal norm for protecting third party's benefits of marine liability insurance lag behind. So how to strengthen the protection for third party is an important subject of dual meaning in theory and practice.Facing the open question in protecting the third party of our country, this article aims at better protecting the benefits of the third party in marine liability insurance and completing the system of protecting the third party in our country. This article firstly defines the third party, makes clear its scope and legal status in insurance contract and defines it as beneficiary ; secondly, established in the concept of modern liability insurance and correlative provision of our country, the author objectively analyzes the current situation of the protection for third party in our country and points out the question; then analyzes in detail the institution of the protection for third party of marine liability insurance on the international plane, namely the third party's direct right against liability insurer and compulsory liability insurance, mainly analyzes the legal basis, exercise, rationality of the third party's direct right and sphere of application of compulsory liability insurance in marine insurance as well as its direct right, in order to enlighten our legislation; finally, in the light of advanced institution on the protection for third party, positively investigate the channel of the protection for third party in our country and points out the legislation suggestion of completing the protection for the third party of marine liability insurance in our country, this article suggests we should construct the system of the third party's direct right against liability insurer, moderately carry out the institution of compulsory liability insurance, in order to construct protective screen for third party's rights and benefits, and fully realize the basic value of marine liability insurance.