A Comprehensive Study On Legal System Of Compulsory Wreck Removal

The present study aims at drafting a set of reasonable and enforceable legal rules regulating relations in the wreck removal based upon systematic theoretical studies. In light of solving main problems existing in the present legal system on compulsory wreck removal, as guided by the basic theories of jurisprudence, law and economics, civil law as well as administrative law, by full application of the achievements in the studies of this field and by reference to the achievements in studies and advanced regulations during the drafting of Draft Convention on Wreck Removal, by use of scientific ways in legal studies such as social investigation, comparative analysis, value analysis, economic analysis and historical analysis, the present comprehensive study covers systematic basic theories and the various legal systems in the area of compulsory wreck removal and provides detailed suggestions on the perfecting the legal system on compulsory wreck removal in China.The thesis consists of seven chapters with the main contents of each chapter as follows:-Chapter 1 introduces the prevailing situation and main problems existing in the legal systems of both domestic and abroad with regard to wreck removal.Chapter 2 discusses the legal nature difference between wreck removal and salvage at sea, analyses the legal relations in wreck removal and does a research on the legal nature of compulsory wreck removal based on defining the significances of law of Wreck and Removal.Chapter 3 analyses and discusses the compulsory wreck removal from the view of jurisprudence, inter alia, private law theory, and proposes that compulsory wreck removal is an exertion course of a real claim of removal of interference in ownership, prevention against such interference from the view of private law logic.Chapter 4 studies the subject of responsibility for wreck removal and the burden of wreck removal cost both from view of theoretical analysis and legal system design, discusses the obligations of the owner and operator of a ship and puts forward legislature suggestions for the same.Chapter 5 discusses the legal nature of the wreck removal cost and approaches ensuring achievement of the wreck removal cost, puts forward legislature suggestions for the same.Chapter 6 does a research on compulsory liability insurance system and fund system for the compulsory wreck removal cost respectively based on the prevailing situation of compulsory wreck removal in China, puts forward suggestions of the framework of the fund system for the compulsory wreck removal cost.Chapter 7 discusses the implementation and supervision of compulsory wreck removal, probes into the possibility of the compulsory wreck removal by means of administrative guidance.At last, based upon above theoretical study, Draft Administrative Regulation on Wreck Removal and Draft Management Method on the Fund for Compulsory Wreck Removal Cost are proposed.