| Guarantee system is one of the important parts of marine insurance contract,which is the tool used by the insurer to control the marine risk.It plays an irreplaceable role in balancing the interests of the parties to the insurance contract,dividing the scope of insurance liability and promoting the development of marine insurance industry and marine transportation industry.It has been several centuries since the system of marine insurance guarantee came into being in the 18 th century.The frequent use of marine insurance guarantee in marine insurance contracts makes it in a very important position,and it still plays an important role in marine insurance activities.With the strong development of the world economy,the volume of world trade in goods and the volume of sea transportation are also growing rapidly.The insurance guarantee system in the marine insurance law of 1906(MIA 1906)in UK has gradually exposed its disadvantages.A large number of maritime judicial practices show that the warranty clauses in MIA 1906 are difficult to meet the needs of insurance practice and judicial practice.After continuous research and exploration,the UK Parliament passed the UK Insurance Act 2015 on February 12,2015.The new insurance law has made many amendments and supplements to the guarantee system,especially for the improvement of some clauses in MIA 1906,which is of great significance to the UK and even the whole international marine insurance industry.In contrast,China’s maritime insurance guarantee system is too simple.It is only mentioned in several articles of the People’s Republic of China Maritime Law(hereinafter referred to as "maritime law")and judicial interpretation,and there are many drawbacks and deficiencies.In order to meet the needs of the development of marine insurance and better balance the interests of the insurer and the insured,China’s marine insurance guarantee system also needs to be further revised and improved.In November 2018,China’s Ministry of transport issued the maritime law(Revised Draft)and began to solicit extensive opinions from the community.In view of this,it is undoubtedly of great practical significance to study the insurance system reform of UK in 2015.This paper is divided into four parts,aiming to analyze the deficiencies of the provisions on marine insurance guarantee in China’s legislation,and the reform measures of the 2015 UK insurance law for the marine insurance guarantee system.Based on the experience of the 2015 UK marine insurance guarantee system reform,this paper puts forward specific suggestions for the revision and improvement of the maritime law of China.The first chapter is an overview of marine insurance guarantee system.This chapter discusses the meaning and types of marine insurance guarantee,analyzes the provisions of UK contract law and marine insurance law on guarantee,as well as the relations and differences between them.The second chapter studies the current situation of insurance guarantee system in China.This chapter expounds the current relevant legislation of China’s marine insurance guarantee system and the revision of the guarantee system in the maritime law(Revised Draft for comments),analyzes the existing problems in China’s current legislation,and shows the views of the judges in dealing with marine insurance guarantee disputes in maritime judicial practice through cases.The third chapter is about the reform and analysis of UK marine insurance guarantee system in 2015.This chapter studies and analyzes a series of reform and improvement of the marine insurance guarantee system in the UK insurance law 2015,and discusses the positive impact and unfinished issues of this reform.The fourth chapter is the legislative reference of the UK maritime insurance guarantee system reform to our country.On the basis of the 2015 insurance guarantee reform in the UK,this paper studies and discusses the reform concept and content,and puts forward specific suggestions for the improvement of China’s marine insurance guarantee system legislation. |
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