| With the increasing development of maritime transport business,the influence of maritime transport activity also increased,so that the marine insurance is turning into a compulsory way.And in the case "Wreck Removal Convention" has come into force,as an important part of the marine compulsory insurance system,the wreck removal compulsory insurance is attracting as much attention as it can be.A highlight of the convention is the special provision of the wreck removal compulsory insurance system,which provides a reliable guarantee for the realization of the wreck removal cost.With the increase of the contracting parties to the convention,the author thinks it is feasible for China to access to "Wreck Removal Convention",and the ministry of transport in our country issued the document about wreck removal insurance or other financial guarantee equivalent certificate,from a certain extent,which reflects the tendency our country would access to "Wreck Removal Convention".At present,even our country has not accessed to the convention,to ensure the implementation of wreck costs,our country also should consider to establish wreck removal compulsory insurance system.In this thesis,on the basis of analyzing the important provisions of;"Wreck Removal Convention",British law,Canadian law and other countries’ law,using the method of comparative study,then comparing with related system in Chinese legal documents,discusses legal issues of the wreck removal compulsory insurance,in order to provide theoretical support for the establishment of the wreck removal compulsory insurance.This thesis is divided into four parts.The first part defines the concept of "wreck","removal","the wreck removal compulsory insurance" and then analysis the international situation about the wreck removal compulsory insurance as well as the necessity of developing the wreck removal compulsory insurance system in our country.The second part analysis the subject of the wreck removal compulsory insurance,including the insured and insurance applicant,the insurer as well as the third party,only in the case of a specific subject,we can allocate the rights and obligations.The third part analysis the range of application of the wreck removal compulsory insurance,including the range of waters the wreck removal compulsory insurance applies in and the range of ships the wreck removal compulsory insurance applies to,and define the influencing factor of the wreck removal compulsory insurance is compulsory wreck removal.The fourth part analysis the insured amount of the wreck removal compulsory insurance,which can guarantee the wreck removal compulsory insurance system play its expected role. |
