Research On Insurance Interest Legislation In China's Maritime Cargo Transportation Insurance

The principle of insurable interest in marine cargo insurance reflects the essence of recouping a loss which reduces the risk on marine cargo and remedies the loss of insured.It has always been criticized by scholars that our country adopts strictly defined standards of the "legal interests" to define Marine insurance interest in legislation,and also have many problems in practice.Besides,maritime law retains the definition of marine insurance in the legislation,which leads to marine insurance interest used as a ordinary law.In view of this,when "maritime law" is still in revision stage in our country,clarifing the connotation of insurable interest in the carriage of goods by sea,solving problems of application of insurable interest in the carriage of goods by sea in practice,and perfecting relevant legislation rules are particularly important to promote the trade of goods by sea in our country.The introduction mainly explains the reason and meaning of the selected topic.The first chapter mainly explains the origin and evolution of the system of marine insurance benefits in terms of history.The marine insurance is used to prevent gambling and moral crisis and reflects that the nature of insurance is to spread risk and compensate loss and then introduce the features of insurance interest connotation and the purpose of legislation.The second chapter expounds Chinese current insured interest rules in marine cargo insurance from the definition and the effectiveness of insurance interest and then analyzes the following problems which exist in the current legislation:Firstly,our country's insurance law takes the definition of English marine insurance legislation for reference and adopts strict standards,"the law admits" standards.It leads to uncertainty and lag in the definition of insurance interest and it also causes that the insured can not get reasonable compensation in the judicial practice,which is not conducive to the healthy development of insurance business.Secondly,insurance law draws lessons from the legislative mode of continental law system and maritime law draws lessons from the legislative mode of Anglo-American law system,so marine law applies to the main body of a contract of marine cargo insurance policy and insurance law applies to the interests of the insurance legal system,but insurance interests,subjects exist conflict.Thirdly,the practice of maritime container transport damage is difficult to find the defects of damage before shipment.From the perspective of protecting the interests of the buyers and sellers,combine the international trend of marine insurance interest to analyze absent exceptions,the shortage of the time "lost or not lost".Finally,criticize the current insurance interests legislation in positive expectation and the problem of lack of insurance benefits transfer provisions in our country.The third chapter is to introduce some methods to perfect marine insurance interests legislation in our country.Firstly,in terms of perfecting the definition of marine insurance interest legislation,draw lessons from the continental law system and Anglo-American law system about the legislation of insurable interest and analyze the dispute for marine insurance interest in our country to clarify that our country adopts the economic interest standard to define the definition and method of insurable interest in marine cargo insurance.Secondly,coordinate the insurance law and maritime law about main provisions of insurance interest.Finally,show that introducing positive expectation interest items,"Lost or Not Lost "to determine the time of insurable interest exception clause and insurable interest in marine cargo insurance terms are rationality and feasibility.Try to give some advice to the revision of maritime law proposed legislative amendments.