对中英两国“直接起诉保险人”制度的对比研究--以燃油污染事故中的清污费用为切入点

A comparative research on the right of direct action against the insurer in China and United Kingdom--from the perspective of clean-up costs of bunker pollution incidents

由何人、以何方式承担海上油污事故的法律责任,是处理此类事故的首要法律问题。除船舶所有人外,责任保险人的作用极为重要,他们是受损害人在船舶所有人经济状况不佳时获得损害赔偿的关键所在。因此,理清第三人与保险人之间的法律关系很有必要。鉴于燃油污染法律相较其他油污法律略显不足,从燃油污染事故切入,对中英两国法律下的"直诉保险人"制度进行分析。

By whom and how to bear the legal responsibility of oil pollution at sea is the paramount issue when dealing with such kind of dispute. Besides the ship owners,the liability insurers are also very important. They are the keys for the third parties to get compensation when the ship owners are in bad financial states. Therefore it is of necessity to sort out the legal relationship between the third party and the insurer. Given the fact that there is a slight deficiency in the law of bunker pollution as compared with the laws of other oil pollutions,the paper,taking the bunker pollution accident as an entry point,comparing the laws of China and UK,analyzes the direct action against the insurer by the third party.