Research On The Claim Of Remuneration For Maritime Salvage Of Human Life

Salvage of human life is the basic measure to protect the safety of human life at sea, in which the best important method is mobilizing the enthusiasm of mutual-assistance among the subjects at sea. But compared with salvage of property and environment, maritime salvage of human life has developed more slowly. This is brought about by defects in system of salvage of human life.These defects reflect mainly as follows: First, the motivation mechanisms of current system of maritime human life salvage mainly adopt the measures in public laws, which can't play the anticipated roles. Second, the neglection to the right of human life savers in law destroys their confidence in human life salvage. All these defects involve an inevitable result, when a maritime accident happens, the savers may choose property or environment to save first rather than the human life which is more important but less reward. This result is absolutely unexpected by the legislators.The practices at sea suggest it is necessary to establish a complete system of maritime salvage of human life. In order to get this aim, we must find some way to remedy the defects of current system of it. This article is just trying to find how to constitute and complete such a system. In this article, the writer first studies the history of salvage at sea , especially the history of special compensation and concludes that development of practice at sea is the crucial element to make the system of salvage at sea move on step by step. And it plays the same role to salvage of human life. By analyzing the problems arising from practice of salvage of human life, the writer thinks the result that involves these is its motivation mechanisms and the crucial measurement to solve is enduring savers of human life claim of remuneration. Comparing different theories on the claim of remuneration, the writer thinks the Absolute Affirmation Theory is the most suitable theory basis. According this theory, in order to perfect the system of salvage of human life, we must endure savers of salvage of human life claim of remuneration. And this method is adopted by England and some other countries and they get remarkable results. Our country should take their experience as reference.During the procedure of perfecting system of salvage of human life, we still have many hard problems to solve, for example, payer and amount of remuneration, the way to make sure salvers of human life get remuneration in time, etc. These are the cores of my article.