Study On Limitation Of Salvers' Liability For Claims In Salvage At Sea

The limitation system of salvers' liability for claims in salvage at sea is a very important system to balance the respective benefits of the salvers and the saved. And it is also an important system designed to promote the area of marine salvage and world shipping industry. However, owing to the lack of practical impetus, the present limitation system cannot well balance the benefits of the salvers and the saved and can cause possible serious legal lag and unfairness. Through the research into some related problems of the limitation system, this thesis is aimed to improve our country's limitation system of salver's liability for marine claims.The introduction part of this thesis has listed reasons for the author's study and the background of the limitation system, and has pointed out the research necessity of the limitation system.The first chapter briefly introduces some elementary theories related to the limitation system, which provides some theoretic background and support for the next section of the thesis. The elementary theory mainly divides into three parts, namely the marine salvage elementary theory and the elementary theory of limitation of liability for marine claims and the value and characteristics of the liability limitation. The following part of the paper is based on all these elementary theories.The second chapter summarizes the present situation of the international convention and the related laws of major countries of the world, and analyses the difference of the laws and the reasons for the difference in order to make a reference for our country's legislation for the relevant laws.The third chapter, on the basis of the standard of legislation, has carried on the analysis to the disadvantages of the present legislation on the liability limitation. This paper believed that in the legislative transplant aspect, we should adopt t the part by part legislative transplant pattern; in the legal value aspect, we should adopt the standard of fairness and efficiency; in the legislative principle aspect, we should adopt the principle of benefit balance. On the basis of analysis of the above-mentioned legislative theories, this thesis has pointed out the deficiency of the international convention and various countries' laws including our country's laws on limitation of salvers' liability for claims in salvage at sea, that is the simplicity of liability limitation computation standard, the inappropriateness of the computation basis, and the lack of its enough consideration on particularity of salver's behavior.The fourth chapter is the conclusion for this thesis. Based on legislation standard and the present disadvantages of the third chapter, this part concludes that our country's limitation system of salvers' liability for claims in salvage at sea should be improved and there are some suggestions. First, we are supposed to observe the present legislation. Second we should make revision, supplement of the present law, namely suitably raising the liability limitation, identifying the new computation standard and expanding non-liability boundary.The conclusion of the thesis is to make an expectation and prediction of our country's legislation on limitation of salvers' liability for claims in salvage at sea. The author anticipated heartedly that our country's legislation on limitation of salvers' liability for claims in salvage at sea can truly balance the benefits of the salvers and the saved, and promote the benign interaction and coordinated development of our country's area of marine salvage and world shipping industry.