Sunken Objects Salvage Clear The System Of Analysis And The Main Responsibility To Determine

Wreck Removal is generally recognized as a historic maritime system. But as a law subject, it has been long-term ignored by the Chinese jurists.Simply speaking, there are two main reasons lead to this phenomenon. One is that until now there has even no one unified international convention to be applied to adjust the relationship in this field. And the other is that the damage and lost which caused by the incidents of vessel sunken isn't that huge to make lawmakers pay enough attention to it.But in recent years, as the world's connection is becoming tighter and tighter, the development of every country has highly dependent on it's degree of mutual cooperation with the other countries, which bring about the climax of international shipping progress. And also because of speedy increase of the size and capacity of the vessels, the consequence of vessel sunken is becoming more and more serious, causing vast threat to the navigation security and water area environment. Therefore, how to design a wonderful system to deal with the problems emerged in wreck removal has become one of the most important tasks in the present time.On the basis of analysis of the existing law, combined with the social practice, the author summarize three key problems, first one is the scope of the wreck; second one is the defects of the present law system and the last one is concerned to the problem who will take full responsibility to clean the wreck. Presently, all these problems are under discussing and there hasn't got a final conclusion about how to solve them perfectly.In order to answer these three questions, the author, at the very first, compare the rules of the international conventions with those of the national laws on wreck removal. And then, by referring the advantage of those related international convention, try to rebuild the outmoded system which has been applied to the practice of wreck removal in China for quite a long time.The relationship referred to the wreck removal is very complicated and the study in this field isn't that abundant. It is strongly recommended that our lawmakers should pay much more attention to the practice while constantly keeping up with the international trend of this subject, only doing this could bring our legislation a wholly new look.