Study On Legal Issues Of Implementary Of Cost Involved In Compulsory Removal Of Wreck

With regard to compulsory wreck removal, the international conventions and foreign laws don't have complete legal provisions as well as domestic law. However, as human marine activity being frequent increasingly, together with the swift and development of international trade, the enormous progress of science and technology, the vessel's maximization an mechanization day by day and goods transforming from simplification to multiplicity, legal questions brought by the wreck removal are complicated there of. Obviously, the present legal provisions are so general that they can't meet the demand of the judicial practice. The lagging legislation requires us to scrutinize the compulsory wreck removal again.This thesis is based on numerous materials collected from domestic maritime authorities. Through thorough and meticulous researches on the information, the anthor sums up the main problems of compulsory wreck removal as follows:Who are responsible for the wreck removal; and whether they can enjoy the Limitation of Liability for Maritime Claims or not; the relationship among the parties on wreck removal; the legal nature of the expenditures of wreck removal; the priority of the expenditures of wreck removal. Among them the key problems are how to solve the compensation of the expenditures of compulsory wreck removal and how to set up an effective indemnification mechanism for it. As to the above-mentioned questions, the current law is lack of concrete and clear provisions or the regulations aren't rational, there are lots of disputes in Practice. Author through comparative analysis comparatively analyzes the conventions and foreign national laws on wreck removal, then answers these questions in Chinese law environment by referring the conventions and foreign national laws on wreck removal, After that, he argues the advantages and disadvantages of the resolvents there of, and finally, puts forward the draft of law-making on wreck removal.