The Frontiers of Society, Science and Technology, 2025, 7(3); doi: 10.25236/FSST.2025.070303.
Haipeng Mo1,2, Shurui Xiao1,2
1Hainan Vocational University of Science and Technology, Haikou, 571126, China
2Hainan Guangzhe Law Firm, Haikou, 571126, China
With the rapid development of shipping logistics industry, its liability risk presents diversification, complexity and uncertainty. The traditional single logistics link insurance is difficult to cover the whole process of liability risk. This paper first analyzes the relationship between the liability of the shipping logistics operator and the liability of insurance compensation, and points out that the liability of insurance compensation is based on the liability of the operator, but the two are independent in law. This paper probes into the determination methods of the insurance compensation liability from different angles such as the determination of the actual loss, the calculation method agreed in the logistics contract, and the determination of the effective judgment document, etc., and points out the disputes and legal difficulties existing in the practice. This paper discusses the path to improve the scope of liability of China's shipping logistics liability insurance from the legal and practical levels, proposes to clarify the nature and scope of the insurable liability of liability insurance, emphasizes the importance of symbiosis and competition between mutual insurance and commercial insurance for the development of the insurance industry, actively promotes the Shanghai international shipping center to play a driving role in the development of the insurance industry, and advocates shipping self-insurance companies as an innovative model to help break the bottleneck of development, reasonably expand the scope of liability, and provide necessary business and technical support and policy support for this purpose. We should determine the connotation and tendency of the legal system from the value dimensions of freedom, equality, justice, order, and efficiency to promote the sustainable development of the shipping logistics industry.
Shipping Logistics, Liability Insurance, Liability for Compensation, Legal Determination, Liability Risk, Insurance Compensation
Haipeng Mo, Shurui Xiao. Research on the Liability Legal Determination of the Liability Insurance of Shipping Logistics. The Frontiers of Society, Science and Technology(2025), Vol. 7, Issue 3: 17-23. https://doi.org/10.25236/FSST.2025.070303.
[1] Ma H L, Leung L C, Chung S H, et al. Insurance incentive to shippers by a container port: Issues of risk management in supply chain finance[J]. Annals of Operations Research, 2023, 331(1): 121-139.
[2] Makhmudov S. Evaluating the Role of Insurance in Mitigating Financial Risks in Logistics[J]. American Journal of Modern World Sciences, 2024, 1(1): 89-99.
[3] Ahmed Y A, Theotokatos G, Maslov I, et al. Towards autonomous inland waterway vessels—a comprehensive analysis of regulatory, liability and insurance frameworks[J]. WMU Journal of Maritime Affairs, 2024, 23(1): 73-101.
[4] Klopott M, Urbanyi-Popiolek I. The Insurance Business Perspective on the Risk of Transporting Electric Vehicles by Sea[J]. European Research Studies Journal, 2024, 27(2): 910-928.
[5] du Plessis F. Investigating Marine Cargo Insurance Claims for Signs of Climate Change Through the South African Fresh Fruit Export Supply Chain[D]. Stellenbosch University, 2024.