On The Duty Of Salvage Rescue People

Salvage at sea, also called Maritime Salvage is a unique system with a long history in Maritime Law. It was originally legislated to encourage the volunteer who rendered services to maritime property in peril at sea. So emphasis is always put on the rules protecting the salvor's reward, and there are few principles of law relating to the duties of the salvor. Consequently, the salvor's right for remuneration might be guaranteed, but the salvee could be harmed by the misconduct from the salvor's negligence. Besides, due to the traditional rule of "No cure, No pay", courts had been reluctant to impose liability for damages for breach of a duty on a volunteer rescuer in a maritime context in order not to discourage their initiative. Only when the salvor committed willful misconduct or gross negligence and occurred the distinguishable damages for the salvee, should he be adjusted to compensate the loss. But the liability was limited just in the reduction or forfeit the reward, which should be paid if, the misconduct or negligence never happened. With the increasing value of the ship and other properties at sea, this rule, which is called "Gross Negligence" cannot have enough effect to protect both parties in the salvage operation. So Courts gradually tend to replace the rule of "Gross negligence" with "General negligence", under which a negligence salvor should be liable for his any misconduct separated from what he could be paid for the success during the salvage operation. In this paper, on the base of an analysis of the International Conventions, relavant cases of England and America and the Maritime Law of our state, discussion is made about the salvor's duties and liabilities for two main kinds of salvage-Pure Salvage and Contractual Salvage. Moreover, some suggestions are made to the relevant principles and regulations in our Maritime Law.