Fire In The Ocean Disclaimer Study

In this paper,using a case of "Insurance Subrogation" as the paper's opening,from legal perspective,the author analyses legal theoretical system of the fire exemption in-depth by using the methods of empirical analysis.On this basis,for the problems that arose in practice and the legislative status,the author puts forward suggestions of standardizing the fire exemption clause, hoping to provide a useful help for resolving the similar cases,as well as provides valuable reference for improvement of the legislation.Besides introduction and conclusion,this paper is divided into three parts:In the part one,it extended out the legal thoughts of fire exemption by introducing a case of "Insurance Subrogation".In "Beijing Branch of PICC suit Pantainer Express Line,Hanjin Shipping and Reederer Company", because the plaintiff failed to provide evidence that the two accused have mistake to fire,so Tianjin Maritime Court according to the Article 51 of China's《Maritime law》,rejecting Beijing Branch of PICC's claim.The author thinks,this judgement conforms to the regulation of China's《Maritime law》,but according to current international customs about the order of proof,the should burden the proof to prove the facts that he makes ship seaworthy before sailing and sailing,then plaintiff provide esvidence that defendant has mistake to fire.In the part two,from the start of analysing exemption terms,concluding the international and china's legislation on fire exemption.In all,the Rule 2 of Article 51 of China's current《Maritime law》about the fire exemption exists obvious defects in the legislation,which is simplistic overly and generated ambiguity easily;at the same time,without the division of the burden of proof on the cause of fire and the carrier's fault,and it seems that many judges had no concepts of these,moreover,they had no theories and jurisprudences about letting carrier give enough evidences as more as possible;which making the cases of fire exemption are faced with many difficult applicable lawful problems,the larger controversy are primarily in the burden of the proof between the cause of fire and the carrier's fault,and so on.Then the author analyses and explores the issues that must be resolved in the loss cases of shipping goods by fire,such as the fire definition,the burden and the order of proof in the fire exemption,and the relations between the fire exemption and seaworthiness.In the third part,it expounds how to improve the《Maritime law》and makes amendments about regulating fire exemption through amending the legislation or judicial interpretation,also can refer the regulation of fire exemption in ISM and so on.