A Study On The Responsibility Bodies In Search And Rescue In Water And Their Responsibilities

With the quick development of water transport in China, search and rescue in waters as the last measures taken to save lives at danger in waters attracts more and more widely attention of both the government departments and the society. However, the legal system of search and rescue in waters was formed in China not long time ago, and it is not well operated. So the author analyses how to improve this system according to the actual situation, based on the theory of jurisprudence and basic theories of administrative law, and by reference to the advanced legislation of other countries.This paper is divided into five chapters. Chapter 1 defines the meaning, nature and value of search and rescue in waters from the angle of theory of law and basic theories of administrative law. Chapter 2 analyses the current situations of the legal system of search and rescue in waters in terms of applicable laws, responsible bodies and their administrative liabilities. Chapter 3 analyses the search and rescue system of UK, USA, Canada, France and Japan etc. Chapter 4 demonstrates the theoretical basis to improve the legal system of search and rescue in waters based upon basic theories of administrative law and principles of responsibility system in administrative enforcement. Chapter 5 is the most important one in which the author provides some suggestions on improving the legal system of search and rescue in waters in terms of applicable laws, responsible bodies and their administrative liabilities.The author is of the view that China needs special regulations to regulating the issues of search and rescue in waters which shall be applicable to the whole China, that the various centers of search and rescue in waters should have the function of organizing, taking leading in search and rescue operations and MSA shall play more important roles, and that the administrative liabilities of various shall be more specifically provided in law.