A Study On Legal Regulation Of Marine Insurance Clauses

Due to the specificity of its history and practice application, the marine insurance clause develops into the characteristics of quasi-legislative and highly self-discipline. These characteristics make it differ from the general insurance clause, and can’t be completely attributed to the standard clauses, therefore the law in the regulation of the content should be different from others. But according to the regulations on marine insurance clause in China’s law, its specificities are not reflected. Only in the "contract law" and "insurance law" stipulate the same content with general insurance clauses. The traditional regulation tendency of protecting the insured, with the aim of balancing the interests, may produce overcorrect effect in marine insurance. In order to make the situation improved and realize the essential justice between the insurer and the insured, I separate thesis in four aspects including legislative, judicial, administrative and industry regulation and give the corresponding suggestions.The first and the second chapter introduce the background, clear the position and characteristics of marine insurance clause and analysis the necessity of the special legal regulation on it. The main parts of this thesis are third to six chapter, which analyzing separately in four aspects including legislative, judicial, administrative and industry regulation respectively. This paper is a typical example of "raise-analyze-solve" rules. Starting from the present law of our country, combining with the specificity of marine insurance clauses and referring to the provisions and practices of the world developed marine countries, my finally suggestions are as follows: weaken the contracting explanation obligation of the insurer and change explanation obligation to be passive one; in judicial practice, change the wrong idea of the judges that the tendency to the insured is to maintain the justice and balance the interests of both insurance; control the application of the unfavorable interpretation principle strictly; clear the implication of the provisions and exert the due role of industry regulation; learn from the successful experience of foreign, inspire the positive effect of marine insurance industry self-discipline.