Research On Legal Issues Of Captive Insurance Company In Shipping Industry

Captive insurance company is a new risk management mode and now it is very welcomed among non-insurance business organizations.It provides a very effective combination.It not only can spread the risk,but also directly promote the reform and innovation of the insurance products.There are a number of captive insurance companies registered in the international insurance market,and more and more countries began to pay attention to the development of captive insurance company.China has also begun to study and improve the policy and law of captive insurance company.Because it can promote the development of the insurance market.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter expounds the definition and characteristics of captive insurance companies at home and abroad.According to Chinese legal provisions,this research will discuss among "Pure Captive".After comparing with other industries' insurance company,the author simply points out the similarities in the nature and legal status of all captive insurance companies,and then points out that the shipping captive have different features in terms of insurance coverage,the application of the law,content and organization form of loss prevention.In the second chapter,the author firstly analyses the difference between self-insurance company and profit seeking and non-profit insurance model,and secondly determines the nature of captive insurance company,which belongs to a special commercial insurance in our country.Finally,in the tax law,through the analysis of the main body and the risk dispersion and transfer analysis of its insurance business,the legal status of the shipping captive insurance company is obtained.The third chapter analyses the legal relationship between the captive insurance company and the insured,as well as the legal issues of the re-insurer.It defines the scope of the applicant,the dual relationship between the organization law and the contract law of the captive insurance company and the parent company,as well as the rights and obligations under this contract.This paper also introduces the shipping insurance companies engaged in reinsurance business,legal basis and limitations,while comparing the difference and the general reinsurance company,and analyses the problems of insurance interests of single company in this case.The fourth chapter analyses the legal supervision of captive insurance companies.Firstly,this paper introduced the current status of Chinese supervision and puts forward some problems;secondly,the paper analyzes the supervision principles of Chinese insurance companies supervision should be taken;finally,in contrast to the advanced legislation on the basis of the experience,to make our country insurance company shipping supervision law more and more perfect.