The Research On The Insurance Compensation Of Pirates Ransom

As an ancient criminal activity,piracy has undergone new changes in recent years.Both Somali piracy,which peaked in 2008,and piracy in West Africa and Malacca in recent years,pose a great threat to the safety of maritime navigation.The pirates of the new era usually don't kill people or overtake goods,but take the way of hijacking cargo and taking the crew as hostages to claim huge pirate ransom.Although the concept of pirate ransom has a long history,in the modern legal system,the payment of ransom to pirates often involves some complex legal issues,such as the legality of the payment of ransom to pirates,the cost sharing of both sides of the ship and cargo.In the field of insurance law,the payment of ransom to pirates will also lead to some complex legal issues,such as the legal nature of pirate ransom,the allocation of liability between the shipper and the insurance company and the insurance association,etc.This paper studies the related issues of pirate ransom in the field of insurance law.This paper is divided into four parts:First of all,the first part of the article is an overview of piracy ransom,which is divided into two main points:one is an overview of piracy.Through the analysis of the subject,object,place,purpose and means of piracy,this paper summarizes the definition of piracy in line with the characteristics of modern piracy,and further explores the definition of piracy in the field of marine insurance law.At the same time,it also introduces the current situation of piracy and its harmfulness to shipping industry,especially the harmfulness of ransom pirates to shipping industry.The second is to analyze the definition,classification and characteristics of pirate ransom.Firstly,it clarifies the definition of pirate ransom and classifies it.The author divides it into three aspects:ship ransom,cargo ransom and crew ransom.After summarizing the salient characteristics of pirate ransom,it lays the groundwork for the next part to analyze the legal nature of pirate ransom.The second part of the article analyses the legal nature of piracy ransom.Aiming at the legality of piracy ransom,the author puts forward his own views on the legality of piracy ransom based on the judgment of relevant cases under the premise of discussing the existing provisions of American law,British law and Chinese law.Then,this paper studies the legal nature of pirate ransom,and studies the legal nature of different categories of pirate ransom under insurance law.This paper will mainly analyze the nature of pirate ransom from three aspects:individual average,general average and rescue expenses.Finally,the legal nature of the special crew ransom is analyzed.The third part studies the existing insurance clauses of pirate ransom.By summarizing and analyzing the regulations of piracy ransom in ship insurance and cargo insurance in various countries and the current situation of the insurance of crew ransom,this paper studies in detail the methods and methods of the risk insurance of piracy ransom in the current insurance industry.On this basis,the author summarizes the shortcomings of the existing marine insurance system for piracy ransom insurance,and paves the way for the next part to propose innovative solutions.In the fourth part,aiming at the shortcomings of the existing pirate ransom insurance,the author puts forward some innovations on the compensation of pirate ransom insurance,and puts forward some suggestions,such as setting up a separate pirate ransom insurance,sharing the ransom between the shipowner Mutual Insurance Association and the insurance company,establishing a self-insurance fund for pirate ransom insurance,and expanding the industrial injury insurance into the field of marine insurance.Finally,it is concluded that only by combining the strength of the country,commercial insurance companies,shipowners' mutual insurance associations and various shipowners,can the insurance compensation of pirate ransom be properly handled.