Research On Legal Issues Of Captive Insurance Company In Shipping Industry

With the development of society,the uncertain factors in the market increase.Because of this,enterprises have begun to actively explore the effective path of risk management,and have introduced advanced risk transfer and risk financing technologies to enhance the risk prevention and control capabilities of enterprises.To reduce risk losses.In this context,non-traditional risk transfer products such as professional self-insurance companies have emerged as the times require,providing a strong guarantee for enterprises to transfer risks and reduce risk costs.From the perspective of influence,non-traditional risk transfer products such as professional self-insurance companies have a wider range of impacts,which not only provide support for enterprises to transfer risks,but also promote innovation and reform of risk management mechanisms to a certain extent.As an indispensable risk financing tool in the world,the professional self-insurance company maintains a strong vitality,mainly providing professional,strong and insurance protection services for the parent company,enriching insurance insurance,reducing insurance rates,and providing outstanding underwriting capabilities.Expand the scope of risk retention responsibility and other advantages.At the same time,the professional self-insurance company is also a form of insurance organization,which is a supplement to commercial insurance.Studying the professional self-protection mode is conducive to improving the organizational system of China's insurance market,expanding the scope of competition in the insurance industry,and optimizing insurance services.With the implementation of the "Ocean Power" and "One Belt,One Road" strategy,China's shipping industry will also meet challenges and opportunities.The development of the shipping industry is inseparable from the innovation and reform of shipping insurance.Based on this,the emergence of shipping self-insurance companies can effectively compensate the society.Demand and play a potential market competitiveness.In addition to the introduction and conclusions,this article is divided into four chapters:The first chapter mainly describes the overview of shipping self-insurance companies.First from the concept and types of shipping holding company as the breakthrough point,the concept of shipping holding company are introduced,and the classification of the international holding company are introduced,respectively,for group holding company model,lease holding company,isolation type unit holding company model and simple holding company model,because this article mainly studies our country shipping holding company,so give priority to with simple captive company.Secondly,it introduces the development status of shipping self-insurance companies in the world and China.Finally,the characteristics of domestic and foreign shipping self-insurance companies are described.Chapter two introduces the particularity of legal status,main body and business scope of shipping self-insurance companies through the overview of chapter one,and then finds out the existing or possible legal problems and analyzes them in detail.The second chapter firstly introduces the legal positioning of China's shipping self-insurance companies in the insurance law,discusses the differences between shipping self-insurance companies and insurance companies and insurance organizations,and thus clarifies the boundary identification of China's shipping self-insurance companies.Secondly,it introduces the subject of the self-insured shipping companies in China,and defines the scope of the insurer,the insured and the policyholder.Finally by defining shipping out the company's business scope in China,the contrast has analyzed our country shipping self-preservation and commercial insurance companies in the scope of our business and shipping out the insurance terms and the difference between the general clauses of Marine insurance further clear difference in the scope of our country shipping out company is not a commercial insurance company,thus raises questions about shipping holding company supervision law.The third chapterfurther discusses the legal problems existing in the supervision of China's shipping self-insurance companies,which are mainly reflected in the following aspects:first,in terms of the supervision subject,the legal problems existing in the supervision subject are discussed from the three perspectives of national supervision,the supervision of industry self-regulatory organizations and the supervision of the shipping self-insurance company itself.Secondly,in terms of regulatory content,first,the admission conditions of shipping self-insurance companies are not clear;Second,it lacks the admittance conditions of shipping self-insurance institutions.Third,the lack of shipping self-insurance companies and self-insurance institutions to withdraw norms.Finally,in terms of regulatory basis,first,the level of regulatory effectiveness is low;Second,the insurance clauses of shipping companies lack regulatory basis.The fourth chapter based on the foregoing research results,puts forward some Suggestions on the legal positioning of self-insured shipping companies in China.Secondly,through legal supervision,the formulation of relevant laws and regulations and the design of relevant systems to solve the problems existing in the supervision of self-insured shipping companies,including the need to tighten the entry conditions and exit norms of self-insured shipping companies,weaken the internal control personnel system of self-insured shipping,and establish a new type of self-insured shipping insurance review and filing system.Finally,the author puts forward some Suggestions on improving the regulation of insurance clauses.Only in this way can the legal risks of shipping self-insurance companies be prevented more effectively.