Study On The Legal Nature Of Wreck Removal

With the development of global and our country's export-oriented economy,our coastal water area is becoming more and more prosperity.During the developing process of shipping business,the ships are becoming much larger and more perfessional.At the same time,there are many kinds of cargoes.More and more petroleum and bulk liquid chemicals are carried on the sea.Ships carrying those dangerous cargoes travel through ports.Even though the navigation technology has enormously developed,because of self-restrictions of the ships,the negligance and faults made by seamans,as well as the serious conditions of the sea,collisions happen occasionally on the sea.If ships carrying those obove-mentioned dangerous cargoes collide and then become wrecks,it will be a disaster not only to the shipowner and cargo owners,but aslo to the safety of the navigation channels as well as the marine environment.What's the problem is that there is no clear provisions to clarify the nature of wreck removal under our country's current legal system,so in practice there are many disputes.In order to clarify the legal nature of wreck removal,the author uses other countries'experience for reference,studying the current laws involving wreck removal,basing on numerous materials which are collected from our country's maritime authorities.The contents of the article are as follows:first,I want to define the intension and extension about the definition of "wreck" and "removal",then,analysing the two different situations which the legal nature of "wreck removal" can be dividede to,and then,putting forward the foundations about how to divide the legal nature of "wreck removal",at last,on the base of current practice,investigating how to define the legal nature of wreck removal in a reasonable way.In this article,the author suggests that the legal natural of wreck removal should be firstly regarded as salvage at sea.In order to resolve the issues about payment,on one hand,The legislation institution should refer to the rules of salvage at sea when she draws up the legislation of wreck removal,on the other hand,referring to the practice in some counties of common law,our counties may unify the legal nature of wreck removal as salvage.