On The Chinese Legislation Of Engineering Insurance

Nowadays, China socialist market economy develops very quickly. The risks of engineering project faced are increased greatly as the scale of project is enlarged more and more. We need to improve the Risk Management System, especially Engineering Insurance System to against the risks. The definition of Engineering Insurance is that, the parties that take part in the construction enter into an engineering insurance contract with insurance company, and transfer the risks of nature phenomena, accidents and other economic losses as promise to the insurance company, which will compensate for all the losses according to the contract. At present, our legislation of Engineer Insurance still has some deficiencies.In order to improve the Chinese legislation of Engineering Insurance, this dissertation analyzes the current legislation situation in the eyes of law, following the logic clue of raise, analysis and resolution of problem. Finally, the author makes some suggestions, based on introducing international advanced experience and discussing the legislation practice in Shanghai. There are four chapters in all:In Chapter One, the author first introduces the origin of Engineering Insurance problem and points out that the risks are increased along with the enlargement of construction in terms of both scale and quantity. As a result, we need to take effective measures against all risks. Second, the author sorts out the Chinese law, administrative regulation and other authoritative files according to the force rank of law. With this, the author draws the outline of Chinese law of Engineering Insurance. Third, the author summarizes the defects of Chinese insurance law and points out the problems what the author wants to resolve, in the eyes of private insurance law and public insurance law respectively.In Chapter Two, the author analyzes the problems of private insurance law in detail. These problems include the distribution of risks between owner and contractor, the cover mode, the rights and obligations of insurance contract parties, the insurance cover, the compensation for damage and replacement value insurance. The readers will know well the defects of private insurance law by reading these analyses.In Chapter Three, the author mainly analyzes the problems of public insurance law in detail. These problems include the settings and implement of risks, the source of insurance expense, the mechanism of premium rate. The author pays attention to comparison while discussing, first introduces interrelated international advanced experiences, and then analyzes Chinese legislation later. So the readers will understand the problems better.In Chapter Four, the author first introduces interrelated international advanced experiences, such as the provisions of FIDIC on Engineering Insurance, allocation of risks in Germany, cover mode in UK. And then, the author analyzes the advantages and disadvantages of legislation practice in Shanghai. Last, the author makes some suggestions on how to improve the Chinese legislation of Engineering Insurance.In conclusion, this dissertation makes an intensive study on the legislation of Engineering Insurance. And it is a meaningful attempt to professional legislation problems of Engineering Insurance, which few articles had discussed before. It also makes this dissertation more valuable by analyzing the legislation practice in Shanghai.