The Research Of Mutual Insurance System For Port Operators

As the wide spread of such a new insurance pattern as the mutual insurance in the port operating area, as well as the conjunction of the mutuality features of mutual insurance and the inner demands of port operations, on that ground there is necessity and accessibility for port operators to establish a mutual insurance system. This dissertation tends to demonstrate the port operator’s business risk and hazard mitigation mechanisms, analyze of the absence of insurance encountered by the port operators; meanwhile, by means of a systematical understanding of insurance coverage, exemptions, rights and obligation of members and its status in litigation under such an institution, the dissertation inclines to discuss deeply about the legal doctrine and practical requirements inside the port operators’mutual insurance, and offer reference to the perfection of China’s framework of insurance and the running of insurance mechanisms.Apart from the introduction and conclusion portion, the whole dissertation shall be divided into four parts.The first part is about the rudimentary concept of mutual insurance. With the perfection of mutual insurance, such an institution has been widely applied in the maritime industry. This section thus aims to introduce the concept, characteristics and classification of mutual insurance with a detailed analysis of its specific applications and legal mechanisms in the maritime field based on the introduction.The second part is the interpretation of port operators Mutual Insurance. By clarifying the basic legal status of the port operators, this section manages to determine the basic connotation of Port operators’ mutual insurance. Starting from the practical of ports, this part also analyze critically on port operators’ risks, and on which basis providing feasible solutions targeting at risks of management to the port operations, so as to crystallize the state of business and insurance situations of the port operators.The third part justifies the necessity of port operators’mutual insurance interpretation. On the grounds of clarifying the legal status of the port operators, the essay elaborates that the operators can scarcely enjoy the limitation of liability for maritime claims, which aggravates their risk to be undertaken. On the other hand, by analyzing the absence of insurance with regards to the operators, it can be concluded that the current risk solution regimes needs creation and improvement. Moreover, after figuring out the state of operational business, the article introduces the advantages and characteristics of mutual insurance respectively and try to achieve an effective combination in order to satisfy the inward demands of port operation.The fourth part centers on constructing the regime of Port operators’ mutual insurance. By using the related theories of Shipowners Mutual Assurance Association and the Mutual Insurance Association (Through Transport Club) for reference, this part tends to systematically illustrate the insurance coverage, exemptions, rights and obligation of members and its status in litigation concerning the Port operators’ mutual insurance with in-depth discussions in regard to its legal theory.