海上保险合同法律适用问题研究-@@专业论文.docxVIP

西南政 西南政法大学硕士学位论文 海上保 海上保险合同法律适用问题研究 第六部分，针对我国海上保险合同现存的问题，阐述我国海上保险合同法律适用应 如何设计，并提出具体的立法建议，以求为海上保险合同法律适用问题提供有效的解决 机制。 关键词：海上保险；海上保险合同；法律适用；海商法；冲突法；比较法 Abstract With the continuous development of international trade and the marine shipping industry, more and more disputes that are related to marine insurance contracts occur. Meanwhile, as an important adjustment object in maritime laws in various nations, marine insurance contracts inevitably encounter issues of conflict of laws. The Law Applicable to Foreign-related Civil Relationship of The People’s Republic of China (hereinafter referred to as The Law Applicable to Foreign-related Civil Relationship) has been officially implemented in April, 2011, yet currently the legal application in China’s marine insurance contracts is not included therein. The clarification of the legal application in China’s marine insurance contracts is significant for the adjustment of the relationships among international maritime laws and for the promotion of international cooperation in maritime areas. In addition, bearing a long history, the marine insurance has not only its special legal characteristics, but also its own unique legal system. Regulations on legal application in marine insurance contracts are essential to a mature legal system of maritime conflict laws, and meanwhile it promotes the resolution of international maritime disputes and the development of China’s shipping and international economy and trade, and is also significant to advance the unification of international private laws. In this paper, by adoption of research methods including the literature-researching method and the comparison method, researches on marine insurance contracts’ concept, classification, historical development and its problem of legal application are conducted, and some legislative suggestions are presented. Specifically, this paper is composed of seven parts as follows: In the first part, the definitions, classifications and characteristics of