Research On The Reform Of Maritime Warranty System Of The U.K. And The Reflection On China Legislation

As a historical marine power,the marine insurance law of The U.K.plays a leading role in the world.As one of the important mechanism designed in Britain's marine insurance law,warranty,was produced in the British marine insurance practice as early as the 17^th century.During the 18^th and 19^th century,the British insurance law was developed rapidly.When it comes to the 20^th century,the Marine Insurance Act 1906?hereinafter referred to as MIA1906?was published,which affirm the existence of the maritime warranty system in a statutory law form.In the case of the technology of communication and shipping is undeveloped,the warranty system makes great influence to develop the Britain's insurance industry and shipping economy.However,with the development of the Britain's insurance industry and the perfection of the legal system,the defects of the warranty was prominent increasingly and the warranty seems becomes the tool of the insurer to get out of the liability.In view of this,the English Law Commission and the Scottish Law Commission promoted the reform of the marine insurance law actively since2006.Nine years later,The Insurance Act 2015 received Royal Assent and come into effect on August 12,2016.The Insurance Act 2015 makes great change to the warranties under the MIA1906 after more than one hundred years later,these changes will exert great influence on the warranties of the countries in the word undoubtedly.Meanwhile,the Maritime code of the People's Republic of China only have one principled provision for the warranty in the Article 235,which can hardly meet the needs of the marine insurance practice.Therefore,It's necessary for us to reform the Maritime code of the People's Republic of China immediately.Due to the perfection of the written legislation,the abundance of the relevant case law and deepness of the academic research of the British marine insurance warranty system.Learning the relevant legislative experience of the Britain in the reform of warranties can help us grasp the future trend in the marine insurance law and provide the reference for our legislative reform.Based on the comparison between the MIA1906 and The Insurance Act 2015,This paper aims at make a comprehensive analysis on the new development of the The Insurance Act 2015 in warranties,to conduct a research on the advantages and disadvantages of the new warranty system,to have a full-understanding and grasp the core content of the The Insurance Act 2015,so as to provide new ideas and reference for the legislative reform of China.As the thesis of this paper involves the hot issue of marine insurance area in the international community but the relevant academic research is limited,This topic have a considerable realistic significance.Since it can help us grasp the new trend of the marine insurance law in the future and provide references for China's warranty reform.Also,this paper have a considerable theoretical research value.First,combined with the method of historical research and the method of comparative research creatively,this paper intend to have a full understanding of the article itself and the legislative history in The Insurance Act 2015.Second,This topic will making an objective and dialectical comments on the warranty reforms of The Insurance Act 2015,seeking to have a more comprehensive and accurate understanding of this reform.In addition,integrate with the specific insurance practices in China,this paper will propose some legislative proposals creatively by considering the useful experience from the UK's warranty reform.First of all,combined with the relevant judicial precedent,this paper will use the method of historical research to make an discussion about the defects in warranty system under the framework of the MIA1906.Secondly,comparing with the warranties in the MIA1906,this paper aims at exploring the main reforms of the warranty system in The Insurance Act 2015 and analyzing the advantages and disadvantages of these reforms by using the comparative research method.Thirdly,combined with the legislative document,the legislative history,the relevant judicial precedent and the marine insurance practice,this paper will make an objective evaluation about the reform of the warranties in The Insurance Act 2015.Finally,this paper will submit the main characteristics and the defects of the warranty system of China's legislation and offer some practical proposals for the legislation reform of the maritime warranty system in China.