On The Salvage Compensation Lien

Our ancestries were stirred up at the mankind gifted courage which to explore the unknown world to started voyage, from at the beginning inshore fishing to the later navigation path investigation, discovery of the New Continent and travels across oceans of the international shipping trade and world puts forward nowadays to the oceans look for expansion of the mankind at the new century, the hard estimate risk at sea has been be like evil dream to generally entwine the sailors of far sail. Develop gradually in people open the voyage of the soil of the development the process according to the shipwreck of the human from the nature salvage, and develop a modem salvage system includes all the forms from the first pure salvage. The process of mankind's voyage also is the salvage system continuously grows up perfect process. However know to all, salvage at sea is a hard and dangerous work, savers take a risk to protect the accident ships and concerned wealth and properties from the danger of derogation, The salvers be entitled the rights to ask salvage remuneration regardless based on morals or modem maritime lawmaking, request a beneficiary to pay homologous of salvage remuneration. See from the rights property, salvage remuneration claims belongs to the debt rights, need obligations pay the salvage remuneration voluntarily, but it isn't all salvages beneficiaries will pay the salvage remuneration to the savers, and claims to salvage the person's protection obviously seems to be pale, according to the purposes of equity, public benefits and encouragement salvage at sea, there is necessity put forward and build up the concept and systems of the salvage maritime lien.This article use comparative method to analyze the Chinese concept of "Maritime Lien" in the theory circles of China, try to explains that phrase has different meanings in the different language context, and make a synopsis analysis of the history cause of translation of "Maritime Lien" without distinguishing, and put forward the standpoint of writer.Maritime Law of Our country set the salvage remuneration in the system of Maritime Lien. Maritime Lien of the Maritime Law is the special law system for the sake the particularity of the voyage, it's establishment adjust series of law relations of maritime affairs availably. But there are the differences among the subjects, obligors and realization of Maritime Lien, and the shortages of the protection on the claims of the Maritime Lien. According to the theories of the related guarantee real rights of traditional civil law, the salvage Maritime Lien is bases on civil law lien theories, as well as the problem of the overlaps between Salvage Maritime Lien and the Maritime Lien, according to the overlap of civil rights, however the overlap can even adequately guarantee to the rights of savers.This article establish the concept of the Salvage Maritime Lien and make analysis of the Salvage Maritime Lien, and the comparison of closed maritime affairs rights, expound upon the practical value and feasibility of the establishment of Salvage Maritime Lien among the process of the Maritime Law revision of our country, make a synopsis analysis of the estabfishment of the Salvage Maritime Lien in our country.