Research On The Theory Of Equilibrium In Marine Insurance Law

Insurance is a contractual arrangement whereby one party collects an insurance premium and agrees to pay insurance money to compensate the other party for the loss.The collection of insurance premium and the payment of insurance money need to maintain a balance between the insurer and the other party so that the insurance system can be continuously operated.Therefore,the theory of equilibrium is the cornerstone of the long-term operation of the insurance system.Marine insurance has its unique complexity and disparity of consideration,which determines that the theory of equilibrium should play an important role in the construction of its rules and judicial practice.However,at present,there is a lack of research on the theoretical noumenon in the academic field;In judicial practice,when the theory has not yet been clarified,the socalled "principle of equilibrium" is largely invoked;In terms of legislative practice,there are some specific rule designs in marine insurance laws that do not conform to the theory of equilibrium.These problems may lead to the misunderstanding of the theory,the lack of rational judgment,and the imbalance of interests between the two parties of the insurance contract.This paper consists of three parts: introduction,body and conclusion.The body contains four chapters.In the introduction,this article describes the background of the topic,the status quo of the study about this theory,the problems to be solved,and the object,structure and research methods of this article.The first chapter is an overview of the connotation and theoretical basis of the theory of equilibrium.This article focuses on the theory of equilibrium in the field of private law,namely,the equilibrium between the premium and the risks,and the equilibrium between premium and the insured amount.Therefore,based on the two elements of "risk" and "premium",this chapter discusses the concept of the theory of equilibrium and the criterion of "equilibrium".In the theoretical foundation part,the basis of the theory of equilibrium is clarified,especially through the discussion of probability theory and the law of large numbers.The second chapter is about the relationship between the theory of equilibrium and the other legal principles.First of all,this chapter studies the relationship between the theory of equilibrium and the basic principles of contract law.This article believes that the theory of equilibrium is a limitation to the principle of freedom of contract,and it is the special embodiment of the principle of equity in insurance law,and it is also different from "the principle of consideration" in common law.Secondly,this chapter analyzes the relationship between the theory of equilibrium and the traditional principles of insurance law.This article believes that the theory of equilibrium can make up for the defects of the principle of indemnity.The theory of equilibrium provides a theoretical basis for the principle of utmost good faith,and it is more pertinent than the principle of utmost good faith.The principle of proximate cause is the essential requirement for the theory of equilibrium.In addition,it can also provide a theoretical basis for the principle of insurable interest.The third chapter is about the design of rules related to the theory of equilibrium in marine insurance and the problems.This chapter is divided into two parts.First of all,specific rules relating to the theory of equilibrium in marine insurance,and the existing problems.Secondly,as the emerging intelligent ship insurance,this chapter analyzes the influence of the new risks on the theory of equilibrium,and the insurance technologies used to carry out and realize the theory of equilibrium.It comes to a conclusion that the Chinese Insurance Law and the Chinese Maritime Code need to classify new types of risks and the old rules need to be adjusted to adapt to new types of risks and provide legal protection for underwriting.The fourth chapter is about the problem of the theory of equilibrium in marine insurance law,and the suggestions are put forward.This chapter clarifies the status of the theory of equilibrium in marine insurance law,and holds that the theory of equilibrium should be determined as a theoretical doctrine.Finally,the rules that lake equilibrium should be revised and perfected.At the legislative level,Articles 223 and 225 of the Chinese Maritime Code need to be revised.At the interpretation level,the spirit of pursuing the equilibrium should be implemented in the interpretation of the legal provisions,and this theory should be used to interpret insurance contracts in judicial practice as a unique contract interpretation rule for insurance contracts.