Study Of Maritime Law In The Legal System Of Compulsory Insurance

With the rapid development of maritime transport, the influence of maritime transport is enlarging day by day. Marine insurance shows the tendency of becoming compulsory. The importance of marine compulsory insurance has been realized and then introduced by several international conventions.The theory of compulsory maritime insurance has not been totally developed. The author analyzes and concludes the definition, nature and category of application of compulsory maritime insurance.However, questions still arise when this system is put into practice, especially in the understanding of insurance parties (the insurer and the insured ), exercising of the right of direct action, recognition of insurance certificates, acceptance and non-acceptance of insurers. This writer makes suggestions in order to solve the problems above. This writer demonstrated the legal framework to implementing the compulsory maritime insurance system.Chapter 1, the author introduces the principle and forming course of the Compulsory maritime insurance, which develops on the basis of events of marine oil pollution. At present the system has enlarged to the range of the marine passenger transport casualty, marine oil pollution, the danger damage and sinking ships. The system concludes the Compulsory maritime insurance and direct action, liability insurance.Chapter 2, the author researches the problem of compulsory maritime insurance of the carrier, analyzes the necessity, availability and the influence on other systems, focusing on two international conventions, the author thinks that the compulsory maritime insurance is necessary, feasible. At the same time, the author analyzes the influence of compulsory maritime insurance of passenger transport on liability insurance and other insurance systems.Chapter 3, the author makes deep analysis on the compulsory maritime insurance of oil pollution and poisonous dangers, firstly summarizes the system and then focuses on the CLC to view the tendency of oil pollution legislation.Chapter 4, the author investigates the problem of compulsory insurance of salvage of sink ships, reviews the feasibility from the preview of law economics, concludes that compulsory insurance should be applied in the concerned law.Chapter 5, the author analyzes other developing compulsory maritime insurance system, which are systems of international cargo transport agent and non-ship carrier.Chapter 6, the author makes comparative research between the compulsory maritime insurance and compulsory insurance of motor vehicle, setting forth the differences and sameness between the two systems.On conclusion, it is of great necessity for China to establish the system of marine compulsory insurance. The author believes that it is also inevitable that the system of compulsory maritime insurance will be established in china.