Legal Research On Life Salvage Under Marine Salvage System

Current marine salvage system originates from the special risks of sea.After a long period of development,the current property salvage system for such ships,goods and other assets is completely.There are lots of international rules made detailed regulations on the property salvage such as 1910 Salvage Convention,1967 Protocol of 1910 Salvage Convention,1989 Salvage Convention and so on.However,current salvage system for life salvage is easily to cause huge moral hazard:life does not belong to the object of salvage,save life can not sue for independent salvage reward,lack of the priority rules to save life firstly when property and persons in distress meantime.There are lots of cases disregarded personnel rescue in the real life,in order to deal with the above disadvantages effectively,it is necessary to set about the whole modification of the existing regulations on life salvage and construct Life Salvage System,ensure human life could be saved effectively in the future.Especially when property and life is in distress in the mean time,life can get priority for rescue.There is an important issue need to be solved that why life could get priority status in the Marine environment compare with property and how life could get the Priority Status in fact.It is an adjustment of the legal mechanism to ensure that human life has the status of being rescued before property.By demonstrating through the existing in theory and regulations of constitution,civil law and maritime law,such as the concept of respect of life,life interests and the interests of others,put forward the concept of Priority Status of Life.Namely life contains greater interests than property,property deserves a worse position compare with life in salvage case.Under the concept of Priority Status of Life,Life Salvage System is mainly including:right of life should be the object of salvage;life salvage should enjoy independent reward claim and should have the right to seek preferred payments when compared with the property.It is concluded that the compulsory insurance of life salvage should be used by compared the compulsory insurance,marine fund and other payments.When property and lives in distress at the same time,the salvor would like to choose help people firstly through a variety of factors,such as economic,legal risks and so on.This paper uses comparative analysis to draw lessons from the abroad experience,demonstrate the change of scope of salvage object;clarified change of the value of law through literature research and historical research,clarify the feasibility and necessity of establishing independent life salvage reward;deepen the understanding of relevant legislation through case analysis,discussed possibility of application of the concept of Priority Status of Life.In addition to the introduction,the main content is divided into five parts.The first chapter discusses the concept of human life salvage,historical evolution and its characteristics.By discussing that the human life is not in the scope of salvage objects and the human life salvation,it cannot obtain the right of independent claim for remuneration.The obligations of the rescuer and the rights are not equal,the lack of assistance to the life of the supporting system arrangements and other existing salvage system related to human life relief.Demonstrated the current difficulties faced by human life rescue.In the special environment of marine risk,it is easy to cause the moral dilemma of the salvor ignoring human life,and there have been many cases happened before.The second chapter is the main innovation of this paper.First of all,the legal basis of saving human life at sea is demonstrated.Life rights is the highest interests of mankind,and the constitution gives citizens the rights to life and civil law to protect the rights of Bona Fide salvor.The relevant provisions of the department law constitute the theoretical basis for the rescue of human life at sea.By comparing the concepts of superiority in relative subjects.This paper puts forward the concept and connotation of the theory of human life superiority in salvage,and analyzes the superiority of human life.By comparing and studying the maritime lien under the maritime law,the limitation of maritime liability,the present system of priority position has been included.The necessity and possibility of human rights in the salvage system of shipwreck are concluded.The third chapter through the historical research and comparative study of the method proved that right of life should become the object of salvage by the aid of risk and the development of legal technology.The present international law system excludes human life from the legal object of the salvage system.The direct result of such rules is that the salvor cannot get individual compensation for salvage at sea.In the event of an act or an outcome without property,aid,or environmental assistance,objectively,it may cause the victims of life to be neglected subjectively,and pay more attention to the rescue of the property for the rescue of the human life.By comparing the domestic laws found in Britain,America and other countries.Its definition of the scope of the maritime rescue object with the navigation technology and maritime shows a wide range of changes and continue to expand.This chapter focuses on specific objects such as water crashes,aircraft personnel,and bodies in the ocean.Demonstration theory and the change of the scope of the maritime relief object in Judicial Practice.In addition,this chapter includes The Annie Lord case and The Peninsula case,a large number of famous cases in-depth analysis research,Focus on the analysis of the object from the nature of life rich in change.Analysis and use of salvage elements,that life can be used as salvage object basis,and the maritime salvage of human life has the right to claim compensation object scope limit,avoid out of touch with reality by new moral hazard.As the right of life should be the salvage object,mandatory provisions of save life firstly at sea should also be put forward.The fourth chapter on the life of the salvor to enjoy the content of independent relief is an important part of this article.From the historical evolution and analysis of the domestic laws of various countries,only a few countries have adopted the absolute affirmation of the remuneration for human life.With the breakthrough of 'No effect,No pay' principle,the practitioners have realized that the independent life salvage assistants should receive corresponding remuneration.In several cases,the United States has indirectly supported the payment of human life and human life compensation through the quasi contract theory.Britain has the right and status to give priority to life,1854 Merchant Shipping Law and 1894 Merchant Shipping Act of specific provisions as a support.And the establishment of the British Maritime Fund,the payment of remuneration for human life to establish a useful prototype.Through indepth excavation and analysis,it can provide useful reference for the establishment of independent human life salvage.The establishment of life salvage payment system may be in conflict with the current maritime system,this article also analyzed such conlicts.The fifth chapter is concerned with the establishment of the mechanism of payment of life salvage remuneration.In this chapter,the compulsory insurance,the life saving maritime fund and other payment methods are discussed in detail,and the reward factors that should be considered in life saving are analyzed by item by item.By comparing the advantages and disadvantages of the three payment systems,it is suggested that the compulsory liability insurance system under the life salvage system should be established in light of the compulsory liability insurance established in the Nairobi International Convention on the Removal of Wrecks,2007.Considering the limitation of the mandatory liability insurance coverage,it is necessary to construct the life salvage fund at sea supplement to cover the supplement of life salvage reward.In this format,not in the traditional way in the end put forward summary of legal policy type proposal,but the construction of the life salvage system based on the system,discusses the composition of each argument,and in the end of each chapter or discuss proposals in the process.Based on the views and conclusions presented in this article,this paper puts forward some suggestions for revision in the appendix on International Convention on Salvage,1989 and Maritime Law of the People's Republic of China,The complicated marine environment has brought great risks to the sea.In the face of the great benefits of the rescue goods,ships and other property,it is only a good wish in theory that every ordinary person in the real society needs to make human life more important.It is necessary to regulate the current system of salvage by the rule of the legal mechanism,and through the perfection of the contents of the salvage system of the shipwreck,it is necessary to ensure that life can be given priority salvage at sea.