A Study On Coverage Issues In Shipping Logistics Liability Insurance In China

Since the 1980 s,the logistics industry in China has experienced significant growth and development.Under the guidance of the “Country with Strong Transportation Network” and the “Belt and Road” initiative,China’s shipping logistics industry has emerged as a key player in the logistics sector of international trade.However,with the accelerated modernization of shipping logistics,the challenges of risk response have become increasingly severe.Consequently,a thorough investigation into the scope of responsibility for maritime logistics liability insurance is of paramount importance in terms of safeguarding the interests of maritime logistics operators,enhancing international competitiveness,and providing solid security for the Maritime Silk Road.Shipping logistics is logistics activity primarily based on shipping.Hence,by discerning the relationships between concepts such as logistics,multimodal transport,third-party logistics,and supply chain management,we can accurately grasp the connotation and extension of shipping logistics.Defining the concept of shipping logistics helps to determine the comprehensive attributes and insurance benefits of shipping logistics liability insurance,thus defining the basic category of shipping logistics liability insurance and proving the necessity of studying the scope of responsibility of shipping logistics liability insurance.By comparing and analyzing the current status of shipping logistics liability insurance domestically and internationally,as well as the differences in insurance clause regulation,we have gained some insights.Internationally,the 23 Wordings adopts a method of comprehensive risk coverage,while domestically the PICC Insurance clause lists the risks.By comparing domestic and foreign shipping logistics liability insurance clauses,we find differences in penalties for criminal punishment,fines for administrative punishment,and liability for civil compensation.This helps us understand the current state of the scope of responsibility of shipping logistics liability insurance clauses.We have typified the insurance liability of shipping logistics liability insurance in China,clarifying that in shipping logistics liability insurance,both joint danger and unintentional contact infringement are insurable;contractual liability is insurable within a limited scope;mental damage compensation is also insurable.We have also analyzed the necessity of shipping logistics liability insurance absorbing compulsory liability insurance.In the process of typifying the exclusion of responsibility for shipping logistics liability insurance,we advocate abandoning the method of listing risks and instead adopting a method of all risks.In addition to general exclusions,through the analysis of the insurability of administrative responsibility,punitive compensation,and maritime cyber security risk liability,these liabilities are included in the exclusion category of shipping logistics liability insurance.From a legal and practical perspective,we have explored the perfect path for the scope of responsibility of shipping logistics liability insurance in China.We recommend clarifying the nature of insurable liabilities in the 《Insurance Law》 and the scope of insurance liability,emphasizing the coexistence and competition of mutual insurance and commercial insurance as key to the development of the insurance industry,and actively promoting the role of the Shanghai International Shipping Center in driving the development of the insurance industry.we also advocate for shipping self-insurance companies as an innovative model to help break through development bottlenecks,reasonably expand the scope of responsibility,and provide necessary business technical support and policy support.