On The Terms Of The Picc Marine Cargo Insurance

The Marine Insurance exists with the International Trade and the Transportation on the Sea. And it is going to develop together with the other two fields. Now we are using the Marine Insurance Clauses of Cargo, edited on Jan. 1^st in 1981 by People's Insurance Company of China. The clauses mainly referred to the London Institute Cargo Clauses of 1963. It is too simple that composed by five clauses including three kinds of insurance called "Free From Particular Average","With Particular Average" and "All Risks". They are divided according to the range of the insured risks, but the bounds are not so clear and they have overlapping parts, so the insurer and the insured have different understanding with the clauses always in practice. Moreover, the names are not consistent with their contents, making people misunderstand. And there are some unclear expressions in clauses, inducing much disputation in practice. So I think it is necessary to study our Marine Insurance Clauses of Cargo, in order to help its improvement and help its using in practice.In England the marine insurance has long history and develops better and better. So studying it and drawing something from it can improve our marine insurance's development.This thesis is divided five parts. The first part is foreword, introducing the subject which is going to be discussed and showing the object of this thesis. The second part is introduction of our Marine Insurance Clauses of Cargo. The third part writes about the mainly problems under our Marine Insurance Clauses of Cargo, including that our clauses is falling behind, there has disputation under the "All Risks" clause, there exists problems under the "warehouse to warehouse" clause and our clauses is not so completion because there has no rules for ascertaining insurer's liability. In the fourth part some suggestions to improve the PICC Cargo Clauses are put forward, focusing on the suggestion for the "All Risks" clause. The fifth part is a conclusion that a modification of our Maritime Insurance Clauses must be taken. We should in tune with the international trend and learn the good of the ICC new clauses to improve the PICC Cargo Clauses. The third and fourth parts of this thesis contain the discovery, analysis and solution of the problems under the PICC Cargo Clauses. In my opinion this discussion can be useful to the modification of the clauses and can help people to understand clauses correctly in practice.This thesis is written according to the clue that from problems' discovery to problems' analysis then to problems' solution. And it mainly takes the method of contrast and analysis, comparing the PICC Cargo Clauses and ICC Cargo Clauses, in order to draw the advantages and promote the development of our marine insurance.