A Study On Legal Issues Of The Salvage Of Competent Authorities

With the rapid development of the global economy, the important role of the maritime trade is becoming increasingly prominent. Ship as the main carrier of the maritime trade played an important role in the shipping market. The study of the safety of navigation of the ship has been the subject that all of countries committed to. Shipwreck which faced with the problem of maritime salvage has been still difficult to avoid. Nowadays, Maritime salvage has been no longer limited to the traditional maritime salvage which based on agreeable contract. With addition of competent authorities, the maritime administrative salvage came into being more complex.There have been little systematic provisions in the current legal system of China. While in the practice, the salvage of competent authorities has been played an essential role in the safety of maritime traffic and the normal operation of the shipping market. At the same time, theoretical research and related legislation of maritime compulsory salvage get behind. Based on this, the writer will to elaborate system to make up for our lack of legislation on the legal issues of the salvage of competent authorities.By analysis the changes in state functions, this article started from the basic theory of the salvage of competent authorities. To analyze the concept, kind and legal characteristics of the salvage of competent authorities and to compare the difference with traditional salvage, it follows the legal relationship of the salvage of competent authorities.The salvage of competent authorities includes three forms:contract salvage, administrative salvage and compulsory salvage. For contract salvage, competent authorities are in the legal status of civil subject, whose law applicable basis is the Article192of Maritime Law. For administrative salvage, whose law applicable basis is Maritime Traffic Safety Law, including the organization of salvage and the rescue of life. For compulsory salvage, competent authorities are authorized to take administrative enforcement measures in order to maintenance of maritime traffic safety and protect the marine environment.At last, the writer puts forward suggestions for the improvement of the legal issues of the maritime administrative salvage in China. At the same time, the future trends prospects of the salvage of competent authorities are discoursed.