1 overview
The transformation and development of railway freight to modern logistics is mainly reflected in four aspects: all categories, all processes, all directions and all processes. Among them, insured transportation is an important link of logistics service and one of the key tasks of railway freight transportation transformation and development. 1 991may1day, China railway officially started the insured transportation business. Practice shows that after more than 20 years of development, railway insurance has played a great role in ensuring the safety of luggage and parcel transportation and safeguarding the interests of shippers. However, there has always been a problem of insufficient insurance coverage in the development of railway insurance transportation business, which is easy to cause claims disputes and adversely affect shippers and railway transportation enterprises.
1. 1 insured transportation
The Railway Law of People's Republic of China (PRC) (hereinafter referred to as "Railway Law") and the Contract Law of People's Republic of China (PRC) clearly stipulate that the carrier shall bear the liability for limited compensation when losses occur to the goods it transports, which is a universal principle in the modern transportation legal system. Insured transportation is a compensation method established to make up for the shortage of railway limited compensation, and it is an integral part of railway transportation contract, which can ensure the shipper and consignee to get reasonable compensation in the case of loss of goods.
1.2 The insured price is insufficient.
Insufficient insurance refers to the insured value of goods whose declared value is lower than their actual value when the shipper participates in insurance transportation. The problem of insufficient insured price is that when the insured goods are damaged, the railway can not meet the shipper's demand for compensation according to the actual value of their goods. For example, the shipper of goods with a price of 6,543,800+10,000 yuan insured 20,000 yuan. After all the goods were damaged, the railway, as a carrier, could only compensate the shipper for 20,000 yuan according to the principle of insured price, which could not meet the shipper's demand for compensation for the actual value of the goods. Because the railway law stipulates that whether the shipper participates in the insured goods and whether the insured goods are fully insured should be voluntary, and the railway transportation enterprise shall not enforce it. Therefore, when there is a shortage of insured goods, the declared value of the goods consigned by the shipper will be lower than the actual value, and the risk of damage to the goods caused by the difference between them will not be transferred to the carrier, without intentional or gross negligence.
1.3 Negative effects of insufficient insurance coverage
Since the development of railway insured transportation business, the problem of insufficient insured price has not been completely solved. On the one hand, it seriously affects the income of railway insured transportation business, on the other hand, it increases the economic risk of the shipper and the complexity of claim settlement when the goods are lost. When goods with insufficient insured price suffer losses in the process of transportation, shippers often can't get full compensation, resulting in great economic losses, and disputes over claims for loss of goods also arise.
2. Analysis of insufficient insured price of railway freight
2. 1 theoretical analysis
From the actuarial point of view, the determination of insurance rate needs to assume an insurance rate (the ratio of the value of paid insurance goods to the value of all insurance goods), and any insurance method that does not meet the insurance rate can be defined as underinsured or over-insured. The current railway insurance premium rate is determined on the basis of the loss rate of the insured goods, and the calculation of the loss rate of the insured goods is based on the full insurance price. Therefore, the insurance rate can only reflect its fairness and justice when each insured goods are fully insured. Insufficient insurance substantially harms the interests of fully insured shippers. Over time, shippers with full insurance will gradually tend to owe insurance after discovering that their own interests have been damaged, further increasing the risk of insured transportation of railway goods. In addition, insured transportation charges first, and then generates costs. The existence of insufficient insurance coverage will inevitably increase the risk of insufficient insurance coverage, which must be highly valued.
2.2 Hazard analysis
(1) Insufficient insured price causes unfairness among shippers. At present, the loss of railway goods is very low, and a considerable number of shippers have taken insufficient insurance, but they have obtained the same protection for goods loss as full insurance by paying less insurance premiums, mainly because the insurance premiums paid by full insurance shippers subsidize the insurance premiums of some under-insurance shippers, which is unfair to full insurance shippers.
(2) Insufficient insurance increases the risk of insufficient income from insurance business. The existence of insufficient insurance coverage is easy to induce adverse selection and moral hazard, which makes the shipper choose whether to insure the goods in full according to the risk of loss. When consigning goods with low risk of loss, the shipper chooses underinsured according to experience, and tends to choose full insured when consigning goods with high risk of loss. In this way, railway transportation of low-risk goods will not cause loss of goods, and they will not get full insured fee income. Once high-risk goods are transported, they will have to pay high compensation fees, which will eventually increase the risk of insufficient insured transportation business income.
2.3 Cause analysis
(1) The loss rate of railway freight dropped significantly. For a long time, most of the income from railway insured transportation business has been used to strengthen railway transportation facilities and equipment and improve transportation safety. After more than 20 years of vigorous investment and effective organization and management in transportation safety facilities, the public security environment along the railway is getting better and better, the quality of transportation services is gradually improving, and the transportation accident rate and payout ratio are decreasing year by year. Railway insured transportation has played an active role in promoting transportation safety, improving the quality of cargo damage treatment and claim settlement, and safeguarding the interests of shippers. Since 2007, the payout ratio of railway freight has obviously decreased, the freight safety situation has undergone fundamental changes, and the level of transportation safety management has been continuously improved, which has reduced the shipper's willingness to insure the price when consigning goods.
(2) Insufficient publicity on the railway insured transportation business. Although the railway insured transportation business has achieved remarkable results, under the new situation of modern logistics transformation, the recognition and attention to the insured transportation business within railway transportation enterprises is still insufficient. Because the grass-roots staff are not familiar with the relevant rules and regulations of the insured transportation business and do not understand the fluctuation of the market value of goods, the publicity of the insured transportation business is often ignored in freight marketing and business acceptance, and the shipper's cognition of the insured transportation business is even lower in the absence of effective information channels, and even misinterpretation and misunderstanding occur, which is not conducive to the long-term development of the insured transportation business.
3. Study on the countermeasures of insufficient railway freight insurance
(1) Design the corresponding mechanism to urge the consignor to fully insure the price. Referring to the experience of the insurance industry, the insurance mechanism is designed to solve the problem of insufficient insurance. * * * Insurance mechanism mainly includes * * * insurance clauses, * * insurance fines, * * * insurance proportion determination and * * * insurance rate calculation. The * * * guarantee clause refers to a series of * * * guarantee proportions stipulated by the carrier according to the insured goods, and each * * * guarantee proportion corresponds to different * * * guarantee requirements and rates; * * * guarantee penalty refers to the amount of compensation that the shipper is deprived of because of the * * * guarantee clause after the goods are lost, and its value is equal to the full insurance compensation amount minus the compensation amount after taking the * * * guarantee; * * * Insurance ratio is the ratio of the value of the goods required by * * * insurance, and each ratio has a separate rate corresponding to it. The severity of the loss suffered by the insured goods is the main basis for determining the scope of insurance proportion. On the one hand, the introduction of * * * insurance mechanism enables shippers to participate in insured transportation to varying degrees, expanding the range of shippers' choices, thus improving their enthusiasm for insurance; On the other hand, the * * * insurance mechanism has played a role in promoting the insured price to a certain extent, which is beneficial for the shipper to understand the freight risk and related compensation standards and reduce the occurrence of insufficient insured price.
(2) Improve the relevant laws and regulations of railway insured transportation business. At the national legal level, due to the differences between the Railway Law and the Supreme People's Court in the interpretation of the claim for loss of goods with insufficient insurance coverage, it is suggested that the original "voluntary insurance" be revised to "negotiation between the two parties" to further expand the space of railway insurance marketing business; Supplementary "proportional compensation provisions" for some goods losses, gradually unify the consistency of handling goods losses in national laws and industry regulations, and form logical and consistent handling rules from the institutional level. At the level of industry laws and regulations, referring to the practice of logistics enterprises, it is suggested that the relevant departments formulate the upper limit of the declared value of goods, guide shippers to participate in the insured price of goods that reach a certain value, and effectively protect the interests of shippers and railway transport enterprises while effectively avoiding disputes over the loss of goods; Because the dynamic value of goods and the shipper's enthusiasm to participate in insurance can be adjusted, we should consider increasing the flexibility of "full insured price" and learn from the experience of "first insurance compensation method" and "proportional compensation method" in insurance. When the insured amount reaches a certain proportion of the value of the goods (such as 75%), it can be determined as full insured value, which is beneficial to railway transportation enterprises to determine the value of the goods on the one hand and to improve the shipper on the other.
(3) Promote the insurance business through multiple channels. At the level of transportation contract, for the insured transportation business, an agreement with the shipper should be formed with clear informing nature to reduce the proportion of insufficient insured price and avoid disputes over cargo damage treatment. Draw lessons from the experience of express delivery industry, clearly mark the relevant clauses of insured transportation in the eye-catching position of the transportation contract, intuitively express the relationship between insured expenses and claim amount, and improve the shipper's cognition of insured business; Learn from some railway transport enterprises in the acceptance process signed a "confirmation of insured transport" and other forms to confirm the shipper's recognition of insured transport and claims settlement business, so as to avoid the occurrence of insufficient insured price and cargo damage handling disputes. In terms of business handling, it is considered to strengthen the propaganda work of railway insured transportation business from the source, mobilize the enthusiasm of freight marketing and business acceptance personnel, give full play to the characteristics of these posts being in direct contact with shippers and familiar with the needs of the transportation market, improve the service processes and norms of relevant posts, increase the publicity content of insured transportation business and other institutional measures, enhance the pertinence and intensity of propaganda of insured transportation business, improve the shipper's awareness of railway insured transportation, and reduce the proportion of insured transportation shortage.
4 conclusion
The insured transportation business is an important window for railway transportation enterprises to face the market, and it is a necessary link of railway logistics service, which directly affects the quality of railway service and shipper experience. The phenomenon of insufficient insurance is not conducive to safeguarding the interests of railway shippers, but also affects the long-term development of railway insurance business. Therefore, the railway transportation department should actively change its thinking, improve the service consciousness of the insured transportation market, establish corresponding mechanisms, strive to improve the relevant laws and regulations, publicity channels and marketing strategies of the insured business, continuously improve the service quality of the insured transportation, and promote the smooth transformation and development of railway freight to modern logistics.
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