Research On Legal Issues In Insurance Of Ships Sailing Beyond Navigation Zones

Restricting the navigation of ships in overtaking areas is the insurer's restraint on the behavior of the insured as a means of controlling maritime risks.China's handling of disputes over the ship's insurance liability in overtaking areas usually invokes the provisions of the insurance contract,that is,both parties can negotiate to modify the underwriting conditions and increase the premium;otherwise,the insurance liability is automatically terminated.In the early days,the application of this clause played an important role in controlling maritime risks.With the development 'of the maritime shipping industry,the harshness of the application of this clause has caused the rights and interests of the insurer and the insured to be seriously unbalanced,which has been widely criticized by the insurance industry.At the same time,in countries with civil law systems such as Norway and Germany,the risk change system is usually adopted for the settlement of ship insurance liability disputes in the overtaking zone,emphasizing elements such as the connection between behavior and damage results,the subjective state of the insured,etc.The rights and obligations of the insurance parties are balanced.This article will use empirical research to explore the insurance liability caused by the ship's over-travel zone,and expose the barriers to the settlement of insurance disputes for ships in China's over-travel zone.At the same time,drawing on the useful experience of the shipping developed countries in handling such disputes,at the end,it puts forward suggestions for improving the current legal issues in China.In addition to the introduction and conclusion,this article is divided into four chapters for discussion.The first chapter first defines the behavior of the ship's overtaking zone,and lists two manifestations of the ship's overtaking zone.Then it analyzes the 'handling of this type of insurance disputes in China,mainly including the nature of the promise of the aviation area and the specific application in practice.At the same time,through the study of relevant legal rules and cases,and combined with the characteristics of China's marine insurance business,it is pointed out that the ship's navigation over the navigation zone is a risk change.The second chapter analyzes the dilemma faced by China in solving the disputes over the navigation ship insurance in the over-travel zone.Through case studies,it is pointed out that there is still the possibility of no substantial change in the risks of ships in the overtaking area.To explain the limitations of the existing rules in the handling of insurance accidents in the ship's over-travel zone,that is,the substantial changes in risk,the subjective state of the insured,the lack of causal links,and the rigors of related legal consequences.The third chapter first elaborates the legislation and theoretical roots of some shipping developed countries on ship insurance in the overtaking zone,and then highlights the characteristics of different legal bases by comparing the similarities and differences between the guarantee system and the risk change system.Finally,from the results of the comparison,the useful experience suitable for the development of China's shipping insurance industry is extracted.The fourth chapter is based on the logical analysis and comparative demonstration of the first three chapters,and on the basis of discussing.the perfect ideas of the legal issues of ship insurance in the overtaking zone,it puts forward perfect suggestions for the handling rules of ship insurance disputes in the overtaking zone,and encourage the application of the risk change system in this field,it provides a basis for the judiciary to determine the risk change elements and try to achieve substantive and fair judgment results.