Study On Legal Issues Of Maritimetraffic Safety Maintenance

Maritime Traffic is an important part of national transport system. It has a great influence on the national economic, military and politic affairs. The paper makes a start from the view of problems, basing on the realization of Maritime Traffic Safety Maintenance as logic thread, and the formation of Maritime Traffic Safety Maintenance as Narrative order, discusses the legal issues on maritime vehicles and its crews safety maintenance, maritime traffic environment safety maintenance and maritime traffic safety investigation. The Paper includes five chapters:the Opening Chapter gives a brief overview of elementary issues on maritime traffic safety maintenance, including the definitions, influencing factors, and also the theoretical basis. The Second Chapter makes a research on the legal issues on the maritime vehicles and its’ crew’s safety maintenance. This chapter makes a breakthrough point from common mechanism of maritime vehicles and its crew’s safety maintenance, points that these common mechanisms have been changed because of marine safety threat factors transformation and national marine interest development. This part discusses the requirements of use of force in law enforcement of maritime traffic safety maintenance, researches the responsibility and behavioral nature of search and rescue of coastal state in exclusive economic zone (EEZ), analyses the restrictions of search and rescue by other state in the EEZ of coastal state. During the study of navy seal in the international navigation in foreign jurisdiction area, this part makes research of behavioral nature; clarify the ways of realization for navy seal in foreign jurisdiction area. The Chapter Three studies the legal issues of navigational environment safety maintenance. This part analyses the normal ways and their development of navigational environment safety maintenance, studies the the ship’s routeing outside territorial sea, national jurisdictional sea area. During the study on the removal of wrecks in EEZ, this part clears up the behavioral nature and responsibility nature of wrecks removal, and researches the wrecks removal in disputed area of EEZ. Aim at the national jurisdiction of maritime traffic environment safety maintenance in marine disputed area, this part analyses their coordination basis and ways. Chapter Four discusses the maritime traffic safety investigation. This part starts with the relationship between the marine traffic safety and the maintenance of maritime traffic safety, points the relationship between the maritime traffic safety investigation and maritime traffic casualty, maritime casualty, and explains the safety maintenance effectiveness of maritime traffic safety investigation. This parts studies the organizational model of maritime traffic safety investigation in countries, points the evolving direction of maritime traffic safety investigation organizational model. Then this part studies the national jurisdiction of maritime traffic safety investigation, researches the deviation of territorial jurisdiction and regression of flag state control. Although the prompt release is not special procedure for ship ant its crews rescue, which are detained by maritime traffic safety investigate state, the prompt release has great effect on the ship ant its crews rescue, then the paper analysis the subject in the application of prompt release of arrested ships and its crews in UNCLOS. Chapter Five analysis the problems in China maritime traffic safety maintence, and gives suggestion on how the Chinese maritime traffic safety maintenance legislation and managements can be improved, and gives specific improve suggestions on maritime-vehicles and its crews safety maintenance, maritime traffic environment safety maintenance and maritime traffic safety investigation.