海上保险法补偿原则及其在当代的新发展

On the Principle of Indemnity of Marine Insurance Law and Its New Trends in Modern Times

补偿原则是海上保险法的基本原则。与普通保险法相比,补偿原则在海上保险中具有不完美性的特点。补偿原则派生出保险利益原则、代位求偿权、推定全损、委付以及吞并原则等一系列重要制度,这些制度决定了海上保险法的基本特征。补偿原则在当代新发展的实质是要加强对被保险人利益的保护。

The principle of indemnity is regarded as the fundamental principle of marine insurance law. In comparison with general insurance law, this principle in marine insurance contracts is characterized by its imperfection. Many important norms are derived from this principle, such as the doctrine of insurable interests, subrogation, constructive total loss, abandonment, and the merger doctrine. And all of these norms constitute basic characteristics of marine insurance law. In essence, it orients towards strengthening the protection of the benefits of the insured these days.