无人船保险法律问题研究

Study on the Legal Aspects of Insurance for Unmanned Vessels

摘要: 大数据和网络信息技术的发展催生了船舶无人化、航运业智能化的变革，将无人船引入商业航运成为一种发展趋势，并有赖于借助保险制度进行推广。但是，无人船有别于传统船舶的无人化、信息化特征给保险制度带来问题和挑战。从保险标的角度，无人船是否属于保险标的之“船舶”需要讨论；从承保范围角度，无人船是否满足适航性要求存在争议，以网络攻击为主要手段的新型海盗犯罪亦超越了传统海盗险的承保风险；从赔偿责任角度，岸基操控人员的出现使船旗国–船东–船长三方责任结构产生动摇，软件设计者与制造商的责任亦需纳入考虑。

Abstract: The development of big data and network information technology has given rise to the change of unmanned ships and the intelligence of the shipping industry, and the introduction of unmanned ships into commercial shipping has become a trend of development and relies on the promotion of the insurance system. However, the unmanned and informationized characteristics of unmanned ships, which are different from those of traditional ships, bring problems and challenges to the insurance system. From the perspective of insurance subject matter, whether unmanned ship belongs to the “ship” of insurance subject matter needs to be discussed; from the perspective of coverage, whether unmanned ship meets the requirements of seaworthiness is controversial, and the new type of piracy crime which takes cyber-attacks as the main means has exceeded the risk of traditional piracy insurance; from the perspective of liability, the emergence of shore-based manipulators has made the insurance system more and more complicated, and it has brought about more problems. From the perspective of liability, the emergence of shore-based manipulators has shaken the tripartite liability structure of flag state-shipowner-shipmaster, and the liability of software designers and manu-facturers should also be taken into consideration.