| This paper focuses on an overall evaluation and analysis of the special compensation system in the law of salvage at sea by studying several important issues existing in the theory and practice and puts forwards the author's own opinions. First of all, this paper analyses the background of emergence of special compensation system including a comparative analysis of the "Safety Net clause" and a comparatively exhaustive analysis of the content of the system, following an analysis of how the special compensation is attained. Secondly, the paper analyses the value of the system by the way of economic analysis after explanation the characters of salvage at sea, in which the author puts forward his own point of view on how to use the four major important concepts and key theorems in legal economic analysis to build up a working framework of the system from the angle of balanced interests. Thirdly, the paper analyses the developments of the system, focusing on and starting with the "Nagasaki Spirit" case and the SCOPIC Clause. Finally, after expounding the trend of the system's development, the author puts forward some suggestions on the improvement of the relevant provisions of the Maritime Code of the People's Republic of China. |
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