Study On Law Application Problem Of Fishery Mutual Insurance

Because fishery production is characterized by high operational risk,strong regional and so on,and fishery protection and indemnity insurance is a special form of insurance,more and more fishing boat owners choose to join the mutual insurance association to reduce losses of maritime risks.The current fishery mutual association of China,China Fishery Mutual Insurance Association,has set up around the 26 offices,and there are six provincial fisheries mutual insurance association established by provinces.This shows that the demand for fishery insurance market is large,and the application of the law should be solved urgently.As a special insurance subject,Fishery Mutual Insurance Association is different from the "insurance law" stipulated in the insurance company.Then is the provisions of the "Insurance Law" applicable to the fishery insurance or not?In addition,the fishery insurance is also a kind of marine insurance,and how does the "Maritime Law" set to apply the provisions of marine insurance?This is the focus of this article.The full text is divided into four parts.The first part of this paper mainly discusses the meaning of fishery mutual insurance and its coverage.As a kind of agricultural insurance,"Agricultural Insurance Regulations" should be applied.Under this Regulations,agricultural insurance refers to the "Insurance Law".But the regulation doesn't specify the scope and how to refer to the "Insurance Law".Especially the fishery mutual insurance,because of its distinction between offshore and risk characteristics of land,the reference to the applicable legal issues is more complex and requires in-depth discussion.In the second part,the paper discusses the theoretical basis,the restrictive conditions and the category that should be used in the application of the insurance law,insurer's obligation of explanation and insurable interest principle shall be applied according to the characteristics of fishery insurance.The third part mainly analyzes the category that should not be used in the application of the insurance law,the right to claim insurance compensation should not be refereed to.Because fishery mutual insurance has certain characteristics of marine insurance,the fourth part mainly analyzes the marine insurance provisions under the Chinese Maritime Code,and discusses the basis and category that should be used in the application of Chinese Maritime Code,the duty of seaworthiness,truthfully informing obligation and so on should be applied to fishery mutual insurance.