| Marine insurance is an important part of property insurance,which originates from maritime trade.The obvious difference between maritime trade and land trade is the great risk.Even the nautical technology is becoming more advanced,nobody can make sure that accident won't happen on the sea anymore.For this reason,marine insurance which can disperse the risk has been playing a indispensable role in ocean transportation industry.The three parties' participation is the constitutive element of a valid marine insurance legal regulation.Generally speaking,the insured and the applicant are always the same one,however,because of the convention that the insured authorizes the others to insure in practice,the assured is often not the applicant.On the other hand,the marine insurance law of our country didn't take this possibility in consideration,which makes that the assured doesn't have a clear legal status in CML and hide a danger for the developing shipping industry.Under the background of it,the purpose of this article is to find a proper legal status for the maritime assured.The process will be based on Chinese current situation of legislation and the analysis of relevant foreign experience.This article will be divided into four chapters.The 1st chapter will narrate the defect of legal subject-framework in CML,analyze the reason cause the defect and its influence.The 2nd chapter will compare MIA 1906,Japanese Insurance Act,French Insurance Code,ADS and Nordic Marine Insurance Plan to analyze the assured's legal status in these countries.The 3rd chapter will take the theoretic argument on the assured's legal status as the breakthrough point and combine the objective reality to discuss on the choice of our legislation model as well as reference the other models.The last chapter will focus on the reasonability of seeing the applicant as the agent of the assured and give the suggestions to perfect our maritime legal system. |
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