Research On The Legal Issues Of Shipbuilding Insurance

Although the global shipping industry and the shipbuilding industry have remained sluggish in recent years,the international competitiveness of China’s shipbuilding industry has been increasing day by day,which has also promoted the development of China’s shipbuilding insurance market.This naturally led to more disputes about shipbuilding insurance,in 2017,the Supreme People’s Court heard the first case of shipbuilding insurance,and for the first time put forward issues related to the shipbuilding insurance that had been hidden for many years.This case,which has caused a lot of attention in the shipping and insurance industry,made people’s concern and reflection on legal issues related to shipbuilding insurance.Obviously,China has not yet clearly defined legislation on shipbuilding insurance,and the industry and theoretic circles have also significantly under-researched on this sort of insurance.It is against this background that this paper attempts to study the legal issues of shipbuilding insurance.This paper takes the shipbuilding insurance case tried by the Supreme People’s Court as the starting point,extracts and summarizes the focus of the dispute in this case,and extends related legal issues based on it.At the same time,the case is an important clue and foothold throughout the writing of this paper Guided by issues,based on insurance theory and shipbuilding practice,considering relevant theoretical research and legislation and judicial practice at home and abroad,this paper studies several key legal issues summarized on shipbuilding insurance,and make recommendations separately from judicial and legislative perspectives.This paper is divided into four chapters,which are described as follows:Chapter One is an overview of shipbuilding insurance,which mainly discusses the concept and nature of shipbuilding insurance and the problems that arise in judicial practice.It paves the way for the study of several specific issues of shipbuilding insurance below.In particular,the discussion of the nature of shipbuilding insurance is the basis for subsequent issues.The second chapter mainly studies the law application of shipbuilding insurance.It firstly points out the dilemma of the law application of the first shipbuilding insurance case of the Supreme People’s Court,should the Insurance Law or the Maritime Law be applied?"One size fits all" or "Segmentation theory"?Furthermore,this issue is discussed from the perspective of reality and expectation,and finally believes that the Insurance Law and Maritime Law should be applied in different stages under the current law,and from the perspective of legislation,it should be clearly included in the adjustment of Maritime Law.The third chapter mainly study the interpretation issue of the relevant clauses of the scope of liability of shipbuilding insurance.Firstly,in conjunction with the first case of shipbuilding insurance held by the Supreme People’s Court,it was pointed out that there were differences in the interpretation of the relevant clauses of the scope of liability of PICC Shipbuilding Insurance.After that,from the perspective of the rules of interpretation of shipbuilding insurance contracts,explains the causes of these problems and seek correct interpretation,provides suggestions for judicial practice to deal with this problem,and suggest that insurance practices should improve the existing clauses to avoid ambiguous interpretation.Chapter Ⅳ mainly studies the determination of causality in shipbuilding insurance.Firstly,through the first case of shipbuilding insurance held by the Supreme People’s Court,the judicial problem of shipbuilding insurance causality determination is revealed that in the case that principles applied of causality determination of the marine insurance and the onshore insurance are not unified,what kind of principle of shipbuilding insurance causality determination should apply?Furthermore,the issue is discussed separately from the perspectives of reality and expectation.In the first case of shipbuilding insurance held by the Supreme People’s Court,the court clearly applied the principle of proximate causation,which can be referred to in similar cases.From the perspective of legislation,this principle should be clarified in the form of statutory law.