| According to the range of indemnification, there are three groups of personal insurance, such as life insurance, health insurance and injury insurance or accident insurance. The insurance interest of injury insurance is embodied in the dependent or reliant relationship between applicants for insurance and insurants. Although the value of human body cannot be measured by monetary value, the disability and decease of human bodies always connects the interests in economy of daily life.Generally, Insurance is classified as compulsory insurance and voluntary insurance. In international practices, compulsory insurance brings into two categories, compulsory social insurance and compulsory commercial insurance. Compulsory social insurance which purpose is insuring the basic living level of labors and giving substantial aids, while they lose their abilities to work, face unemployment, suffer from illness and oldness etc. Compulsory commercial insurance, which is compulsively enforced by the legislation or government' s executive order, forces the insurants conclude a contract with insurers in order to protect the rights and interests of the public, third party and the puniness in social activities and commercial activities. Most compulsory commercial insurance belongs to the liability insurance.In developed countries of the West, the insurance which the subject matter is human body respectively is comprised in two groups, one group consists of compulsory social insurance, the other group consists of commercial person insurance in which most insurance policies are on voluntary base. Generally, compulsory insurance, except compulsory social insurance, appears in property insurance including liability insurances, but not in personal injury insurance. On the other hand, in West the marine passenger injury insurance does not differ from other injury insurance in the West.In our country, under the particular circumstance, several personal injury insurance policies are in the form of compulsory insurance, for example, "the insurance against passenger accidental injury" . It shows the China characteristic.In our country, the laws and regulations that regulate the carriage of passengers are " Maritime Code of the People ' s Republic of China" , " Rules of carriage of passengers by water" , "Rules of liability limitation to carriage of passengers between harbors of People ' s Republic of China" , " Ordinance of compulsory accidental injury insurance to passengers by ship" etc. Although our country has been intensified in constructing and bettering legal system, there is still much imperfection due to the limitation of social development and complication of the policy when they were made. For instance, Maritime Code does not stipulate or deal with " insurance against passenger accidental injury" .while "Ordinance of compulsory accidental injury insurance to passengers by ship" enacted in 1951 has been being in nonsense for its unsuitability to socialism market economy. Meanwhile, for the sake of development of the industry and protection of economic interests, authorities concerned adopt the dual system in carriage of passengers in which the limitation of liability differs lying on whether it is international or domestic. At the circumstance that the disability and decease of passenger occurs for accidents, or the torts and faults of carriers, the victims cannot acquire compensation or adequate indemnification due to some causes, including the results from dual system, the protection to passengers becomes unreal. Along with the deepening of reform, the dual system has been showing the abuses of policy, being short of equity of legal principles.In order to assure that victims acquire adequate indemnification in time and prevent the carriers from embezzling the premium evolved in the ticket, it is necessary to amend the obsolete regulation and go on execution of compulsory insurance against accidental injury of passenger by ship, thus not only reducing the numbers of lawsuits, shorting the period of lawsuits but establish... |
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