邮轮经营人责任保险法律问题研究
发布时间：2018-07-26 11:50
【摘要】：随着邮轮旅游在我国的兴起,外资的邮轮公司纷纷进驻中国市场,越来越多的中国内地居民选择邮轮旅游作为节假日休闲娱乐的方式,由中国公司自主经营的邮轮产品也开始崭露头角,邮轮旅游在带来丰厚经济回报和极大地丰富了我国内地居民休闲生活的同时,也给邮轮经营人产生了极大的责任风险。中国拥有庞大的旅游消费市场,与这种日益增长的消费需求相比,中国的邮轮产业却尚未成熟,相关的配套法律法规制度等也并没有跟进。邮轮经营人与传统的船舶所有人、经营人相比,要承担更多公共责任,但目前中国的航运保险业特别针对邮轮经营责任的保险产品仍是一片空白。本文在研究过程中,进行了充分的市场调研,并运用了语义分析方法、比较法研究方法、逻辑实证分析方法等法学研究方法。内容上,首先对邮轮经营人的性质和责任在现有的法律规制下进行了分析和界定,将其与传统的客运承运人和旅游经营人相区分。然后对市场上邮轮经营人现有的责任保险产品介绍的同时,得出其无法应对邮轮经营人巨大的责任风险的结论。航运经营主体的责任保险一直是海上保险中的研究重点,在国际公约和各国立法中对邮轮经营人责任要求越来越重的趋势下,本文提出构建强制责任保险,鼓励设立自保公司,并提供了相应的制度设计建议,以求能为解决邮轮旅游市场上的诸多风险提供良方,对促进我国邮轮产业的良好发展略尽绵力。
[Abstract]:With the rise of cruise tourism in China, foreign cruise companies have entered the Chinese market one after another. More and more mainland Chinese residents choose cruise tourism as a way of leisure and entertainment during holidays. Cruise products, which are operated independently by Chinese companies, are also coming to the fore. Cruise tourism not only brings rich economic returns and greatly enriches the leisure life of mainland residents in our country, but also brings great liability risks to cruise operators. China has a huge tourist consumption market, compared with this growing consumer demand, China's cruise industry is not yet mature, related laws and regulations have not been followed. Compared with the traditional ship owners and operators, the cruise operators have to bear more public responsibilities, but at present, China's shipping insurance industry is still a blank. In the course of the research, this paper has carried on the sufficient market research, and has used the semantic analysis method, the comparative method research method, the logic demonstration analysis method and so on law research method. Firstly, the author analyzes and defines the nature and responsibility of cruise operators under the existing legal regulations, and distinguishes them from the traditional passenger carriers and tour operators. Then the paper introduces the existing liability insurance products of cruise operators in the market and draws the conclusion that they can not cope with the huge liability risks of cruise operators. The liability insurance of shipping operators has been the focus of marine insurance research. Under the trend that the liability requirements of cruise operators are becoming more and more serious in international conventions and national legislations, this paper proposes to construct compulsory liability insurance to encourage the establishment of self-insurance companies. In order to solve the many risks in the cruise tourism market and promote the good development of the cruise industry in China, this paper provides some suggestions for the design of the corresponding system in order to provide a good solution to the risks in the cruise tourism market.
【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
本文编号：2145916
[Abstract]:With the rise of cruise tourism in China, foreign cruise companies have entered the Chinese market one after another. More and more mainland Chinese residents choose cruise tourism as a way of leisure and entertainment during holidays. Cruise products, which are operated independently by Chinese companies, are also coming to the fore. Cruise tourism not only brings rich economic returns and greatly enriches the leisure life of mainland residents in our country, but also brings great liability risks to cruise operators. China has a huge tourist consumption market, compared with this growing consumer demand, China's cruise industry is not yet mature, related laws and regulations have not been followed. Compared with the traditional ship owners and operators, the cruise operators have to bear more public responsibilities, but at present, China's shipping insurance industry is still a blank. In the course of the research, this paper has carried on the sufficient market research, and has used the semantic analysis method, the comparative method research method, the logic demonstration analysis method and so on law research method. Firstly, the author analyzes and defines the nature and responsibility of cruise operators under the existing legal regulations, and distinguishes them from the traditional passenger carriers and tour operators. Then the paper introduces the existing liability insurance products of cruise operators in the market and draws the conclusion that they can not cope with the huge liability risks of cruise operators. The liability insurance of shipping operators has been the focus of marine insurance research. Under the trend that the liability requirements of cruise operators are becoming more and more serious in international conventions and national legislations, this paper proposes to construct compulsory liability insurance to encourage the establishment of self-insurance companies. In order to solve the many risks in the cruise tourism market and promote the good development of the cruise industry in China, this paper provides some suggestions for the design of the corresponding system in order to provide a good solution to the risks in the cruise tourism market.
【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
【参考文献】
相关期刊论文 前2条
1 张力毅;;比较与定位:中国法上旅游辅助服务者概念与责任体系解构[J];旅游学刊;2012年12期
2 吕方园;郭萍;;法律视角下的邮轮经济析论[J];社科纵横;2014年01期
相关硕士学位论文 前1条
1 孔健;旅游合同中旅行社责任研究[D];苏州大学;2007年
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