The Influence Of CIL And Its Judicial Interpretations On Marine Insurance Contract

Maritime Code of the P.R.C.(hereinafter referred as CMC) acts an important role in adjusting the relations between marine insurer and assured. It is definite that the marine insurance law should be coordinated with overland insurance laws.In China, Insurance Law of the P.R.C(hereinafter referred as CIL) and its judicial interpretations can impact marine insurance contract for the reason that the insurance legislation of China is "Monism". Compared with CMC, CIL is more generally since it is applicable to all kinds of commercial insurance except agricultural insurance. Moreover, the relatively autologous of CMC, the weakly theoretical basis and its inevitable defects are important reasons that CIL impacts marine insurance contract.Nowadays, significant changes have taken place in China.CMC cannot satisfy the realistic needs perfectly. In recent years, we have made great progress in legislative competence, legal practice, legal research and legal construction. The demands of Maritime modification become more and more intense. There are some difficulties during the modification process, such as the conclusion of marine insurance contract, the termination of marine insurance contract and the subrogation right of the marine insurer. As we know, the regulations of CIL, which absorb the latest achievements of academic research, can be an important reference and guidance role for the modification of CMC. However, the commission have not arranged the modification for the reason that the legislative resources are too limited. Therefore, if we have difficulties and bottlenecks in the application of CMC, we can refer to CIL and its judicial interpretations.There are 6 sections in this paper. The introduction mainly describes the significance of researching on the influence of CIL and its judicial interpretations, how can CIL and its judicial interpretations impact the marine insurance. The first section illustrates the root cause, underlying cause, objective cause and direct cause of this influence. The second section discusses the influence on the conclusion of marine insurance contract. It is mainly reflected in two aspects. On one hand, CIL and its judicial interpretations can extend the scope of contracting subjects of marine insurance contract. On the other hand, CIL and its judicial interpretations can enrich the basic terms of marine insurance contract. The third section studies the influence on the termination of marine insurance contract. For one thing, CIL and its judicial interpretations can prohibit the insurer exercising the right of optional cancellation. For another, CIL and its judicial interpretations can extend the period of the assured’s right of optional cancellation. The fourth section analyzes the influence on the subrogation right of the marine insurer, including the scope of the subrogation right, the different consequences of rights abandonment, starting time of the statute of limitations. The last section is conclusion, it summarizes the achievements and current problems of CMC,and then look into the future modification of CMC.