论船舶油污强制责任保险中第三人直接请求权的行使

Research on Exercise of the Third Party Direct Claim in Compulsory Liability Insurance Contract against Oil Pollution from Ships

在船舶油污领域进行强制责任保险并且赋予受害第三人对责任保险人的直接请求权,是充分保护海洋环境和第三人利益的重要手段。通过加入相关的国际公约和制定、修改国内立法,我国船舶油污强制责任保险的法律体系基本搭建起来。但是在第三人直接请求权的行使方面还存在很多空白。本文在概括我国目前船舶油污强制责任保险的涵盖范围的基础上,分析现有法律规定中第三人行使直接请求权所存在的问题,并重点分析讨论第三人行使直接请求权时责任保险人与被保险人的责任形式与法律地位。

In the field of oil pollution from ships, third party direct claim against the liability insurer are third party. In our country, legal system of compulsory stipulating the compulsory insurance and empowering the important methods to protection of sea environment and the liability insurance against oil pollution from ships has been established, because China has approved few international conventions on this point and some national regulations have been promulgated or amended. However, there are still some legal gaps on the particular issues for third party exercising the direct claims against liability insurer. On the basis of summaries the scopes of the compulsory insurance in oil pollution from ships, this paper analyzes the defects of current legislation on the third party direct claim and points out the form of liability between the liability insurer and liability insured as well as the status of both parties in proceeding of the direct claim sued by the third party.