海上油污强制责任保险中的第三人直接请求权研究
发布时间：2018-08-13 15:51
【摘要】：海上船舶油污污染已成为最严重的海洋环境污染之一。为了保护油污受害人的利益,维护各方利益的平衡,将强制责任保险制度引入海上油污赔偿领域已经成为国际社会的普遍做法。第三人直接请求权,作为油污强制责任保险制度的核心内容,直接保障责任保险目的的实现。 本文以海上油污强制责任保险制度概述开篇,重点论述了油污强制责任保险制度的核心——第三人直接请求权的产生、法理依据以及制度价值,比较研究了1992年《国际油污损害民事责任公约》、2001年《国际燃油污染损害民事责任公约》以及美国1990年《油污法》关于油污强制责任保险第三人直接请求权的制度构建,并在第二章中进一步探讨了第三人直接请求权的行使以及责任保险人所享有的抗辩权利。 在此基础上,本文第三章分析了我国油污强制责任保险和第三人直接请求权制度的相关法律环境以及实施现状,指出了相关立法的缺陷与不足,主要表现在:油污强制责任保险的立法分散混乱、位阶较低、保险范围规定不明确;第三人直接请求权仅在程序法中有笼统规定,而无实体法的依托。在第三人直接请求权国内立法缺失的情况下,本文论述了1992年《国际油污损害民事责任公约》在我国国内的直接适用问题,主要探讨其能否成为国内法院支持纯国内油污损害案件中第三人直接诉讼的判决依据。 最后,本文第四章结合最高人民法院于2010年12月1日公布的《关于审理船舶油污损害赔偿纠纷案件若干问题的规定(征求意见稿)》的相关规定,提出了尽快建立和完善我国油污强制责任保险第三人直接请求权制度的建议。我国立法应当从实体法和程序法两个层面对油污强制责任保险制度以及对第三人直接请求权的规定进行完善。
[Abstract]:Marine oil pollution has become one of the most serious marine environmental pollution. In order to protect the interests of the victims of oil pollution and maintain the balance of the interests of all parties, it has become a universal practice of the international community to introduce the compulsory liability insurance system into the field of marine oil pollution compensation. The third party's direct claim, as the core content of oil pollution compulsory liability insurance system, directly guarantees the realization of the purpose of liability insurance. This paper begins with an overview of the compulsory liability insurance system for marine oil pollution, focusing on the emergence, legal basis and system value of the third party's direct claim right, which is the core of the oil pollution compulsory liability insurance system. This paper makes a comparative study on the system construction of the International Convention on Civil liability for Oil pollution damage of 1992, the International Convention on Civil liability for Oil pollution damage of 2001 and the Oil pollution Act of 1990 of the United States concerning the right of direct claim of the third party to compulsory liability insurance for oil pollution. In the second chapter, the author further discusses the exercise of the third party's direct claim and the defense rights enjoyed by the liability insurer. On this basis, the third chapter of this paper analyzes the relevant legal environment and implementation status of China's oil pollution compulsory liability insurance and the third party's direct claim system, and points out the defects and shortcomings of the relevant legislation. The main performance is: the legislation of oil pollution compulsory liability insurance is scattered and confused, the rank is low, the scope of insurance is not clear; the third party's direct claim right has general stipulation only in the procedural law, but does not rely on the substantive law. In the absence of domestic legislation on the third party's right of direct claim, this paper discusses the direct application of the 1992 International Convention on Civil liability for Oil pollution damage in China. This paper mainly discusses whether it can be the judgment basis of the third party's direct action in the case of pure domestic oil pollution damage. Finally, the fourth chapter of this paper combined with the Supreme people's Court published on December 1, 2010, "on a number of issues concerning the trial of disputes over compensation for oil pollution damage from ships (draft for opinions)". Some suggestions are put forward to establish and perfect the system of direct claim of the third party in China's oil pollution compulsory liability insurance as soon as possible. The legislation of our country should perfect the system of compulsory liability insurance of oil pollution from two aspects of substantive law and procedural law as well as the stipulation of the third party's direct claim.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9;D922.294;D925
本文编号：2181455
[Abstract]:Marine oil pollution has become one of the most serious marine environmental pollution. In order to protect the interests of the victims of oil pollution and maintain the balance of the interests of all parties, it has become a universal practice of the international community to introduce the compulsory liability insurance system into the field of marine oil pollution compensation. The third party's direct claim, as the core content of oil pollution compulsory liability insurance system, directly guarantees the realization of the purpose of liability insurance. This paper begins with an overview of the compulsory liability insurance system for marine oil pollution, focusing on the emergence, legal basis and system value of the third party's direct claim right, which is the core of the oil pollution compulsory liability insurance system. This paper makes a comparative study on the system construction of the International Convention on Civil liability for Oil pollution damage of 1992, the International Convention on Civil liability for Oil pollution damage of 2001 and the Oil pollution Act of 1990 of the United States concerning the right of direct claim of the third party to compulsory liability insurance for oil pollution. In the second chapter, the author further discusses the exercise of the third party's direct claim and the defense rights enjoyed by the liability insurer. On this basis, the third chapter of this paper analyzes the relevant legal environment and implementation status of China's oil pollution compulsory liability insurance and the third party's direct claim system, and points out the defects and shortcomings of the relevant legislation. The main performance is: the legislation of oil pollution compulsory liability insurance is scattered and confused, the rank is low, the scope of insurance is not clear; the third party's direct claim right has general stipulation only in the procedural law, but does not rely on the substantive law. In the absence of domestic legislation on the third party's right of direct claim, this paper discusses the direct application of the 1992 International Convention on Civil liability for Oil pollution damage in China. This paper mainly discusses whether it can be the judgment basis of the third party's direct action in the case of pure domestic oil pollution damage. Finally, the fourth chapter of this paper combined with the Supreme people's Court published on December 1, 2010, "on a number of issues concerning the trial of disputes over compensation for oil pollution damage from ships (draft for opinions)". Some suggestions are put forward to establish and perfect the system of direct claim of the third party in China's oil pollution compulsory liability insurance as soon as possible. The legislation of our country should perfect the system of compulsory liability insurance of oil pollution from two aspects of substantive law and procedural law as well as the stipulation of the third party's direct claim.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9;D922.294;D925
【参考文献】
相关期刊论文 前3条
1 林泽新;关于对油污责任保险人直接诉讼制度的若干问题[J];福建政法管理干部学院学报;2004年02期
2 王晓怡;;保赔协会法律地位研究[J];中国海商法年刊;2008年00期
3 罗辑;;中国船舶污染强制责任保险相关规则的探讨[J];中国海商法年刊;2010年01期
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