承拖人责任保险法律问题研究

发布时间：2018-07-23 17:56

【摘要】：随着海上拖带服务在我国的运用和发展,因拖带特殊风险所产生的纠纷也逐渐增多,对于拖船船东而言,其所需承担的责任风险也逐渐增大,促进了承拖人责任保险的产生。承拖人责任保险在我国不算新兴险种,中国人民保险公司早已制定出相关条款作为沿海内河船舶保险条款的附加条款,但承拖人责任保险在我国依然不够完善,以致处于被忽略的位置,这对保护拖船船东的利益、推动拖带纠纷的解决、促进海上拖带的发展都极为不利。本文通过对承拖人责任保险有关的法律问题进行分析,以期能够对相关保险实践提供一定的参考,对承拖人责任保险在我国的完善提供一定的意见。论文的引言部分用于介绍承拖人责任保险产生的背景、目的及其必要性。第一章为承拖人责任保险概述,概括介绍了承拖人责任保险的主要内容,主要介绍了承拖人责任保险的含义与识别、特征与性质,以及承拖人责任保险的不同承保形式。论文第二章主要探讨了承拖人责任保险的承保风险,对承保风险的类型和内容做出概述,分析了承拖人责任承担的归责原则与承保范围内的责任风险。论文第三章主要讨论承拖人责任保险有关的争议法律问题,加强对承拖人责任保险的理解。首先,讨论航海条款限制拖带的规定对承拖人责任保险的影响,分别从条款规定和实际审判两方面对该影响进行分析。其次,探讨在因拖船过错使被拖船碰撞第三船的情况下,保险人对承拖人责任如何承担的问题。第三,分析拖航合同互保背书条款所规定的承拖人责任保险机制,并结合实际审判探讨美国Bisso规则对承拖人责任保险效力的影响。第四章为本文的结论部分,概述了承拖人责任保险在我国的发展与现状以及存在的若干问题,并结合前文论述,为促进承拖人责任保险在我国的发展,提出若干建议。
[Abstract]:With the application and development of marine towing service in our country, the disputes arising from the special risks of towing are also increasing gradually. For the shipowners of tugboats, the liability risks that they need to undertake are also gradually increasing, which promotes the emergence of towing liability insurance. Towing liability insurance is not a new type of insurance in our country. The people's Insurance Company of China has already formulated relevant clauses as the additional clauses of the coastal inland river ship insurance clause, but the towing person liability insurance is still not perfect in our country. It is unfavorable to protect the interests of tug owners, to promote the settlement of towing disputes and to promote the development of towing at sea. Through the analysis of the legal problems related to the towing liability insurance, this paper hopes to provide some reference to the relevant insurance practice and provide some advice to the improvement of the towing person liability insurance in our country. The introduction of this paper is used to introduce the background, purpose and necessity of the liability insurance. The first chapter is an overview of towing liability insurance, which introduces the main content of towing liability insurance, mainly introduces the meaning and identification, characteristics and nature of towing liability insurance, as well as the different types of insurance. The second chapter mainly discusses the underwriting risk of dragor liability insurance, summarizes the types and contents of underwriting risk, and analyzes the principle of liability attribution and the liability risk within the scope of insurance. The third chapter mainly discusses the legal issues related to the towing liability insurance, and strengthens the understanding of the towing liability insurance. First of all, this paper discusses the effect of the limitation of towing clause on the liability insurance of the towing person, and analyzes the effect from two aspects: the provision of the clause and the actual trial. Secondly, this paper discusses how the insurer should bear the responsibility of the trawler in the case of the third ship being collided with by the tug due to the fault of the tug. Thirdly, this paper analyzes the liability insurance mechanism of drags stipulated in the mutual insurance endorsement clause of towing contract, and discusses the influence of American Bisso rules on the effectiveness of towing liability insurance in combination with the actual trial. The fourth chapter is the conclusion of this paper, summarizes the development and current situation of the towing liability insurance in our country, and some problems, and combined with the previous discussion, in order to promote the development of towing liability insurance in China, put forward some suggestions.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294

【相似文献】