Force The Salvage Of The Sunken Objects In The Clear Legal Issues

In recent years, as human marine activity being frequent increasingly, together with the swift and violent development of international trade, the enormous progress of science and technology, the vessel's maximization and mechanization as well as goods transforming from simplification to multiplicity, which makes the damage to the navigation security and environment as well as the marine resources being more and more serious, thereof legal issues brought by wreck removal are becoming complicated; what's more, the expenditures of wreck removal are getting larger and larger. Therefore, compulsory wreck removal becomes a big issue which is disputed and remaining to revolve in the current marine management. This thesis focuses on the compensation of the cost of compulsory wreck removal and implementation of protection mechanism, adopting legal analysis and experience empirical analysis combined together, making the full use of comparative analysis and value analysis with the scientific ways in economic analysis, based on the collection of the materials of pertinent thirties and practices. This paper examines the legal problems concerning compulsory wreck removal which consists of the following four parts:The first part deals with the legal practice of compulsory wreck removal, after the compare of the international convention which takes 2007 Wreck Removal Convention as representation, and the foreign legislation in United States, Britain Canada these western countries, and the related regulation in Chinese legislation, it points out the widespread and existent problem which concentrates on the lack of effective remedy tools of the costs of compulsory wreck removal.The second part mainly examines the legal relations in the compulsory wreck removal. Firstly, discusses the object as one of the three basic elements to the relationship between the three parts-domestic maritime authorities, and responsible subject for compulsory wreck removal, the specific organization of the wreck removal; secondly, discusses the subject matter of the legal relation, to definite the wreck salvage as a whole, strictly defines the wreck as sunken ship, neaped ship and jetsam; thirdly, to formulate the content of legal relation to archive a clear mandate of the domestic authorities as well as liabilities of the responsible subject.The third part mainly deals with the cost on compulsory wreck removal with practices: Firstly the distinctive character of the expenditure in the two periods; secondly on the question of enlarge object limits to cover ship owner, ship operator, ship insurer, vessels involved in the accident, cargo owner, bareboat owner; lastly and out mostly, on the ground of no limits of the damage, discussing the concrete methods of claims to make an conclusion -setting up the protection mechanism is the best tool for claim.The fourth part aims at the compare of the specific model of compulsory wreck removal. After comparing the advantages and disadvantages of compulsory insurance system and fund system respectively, do a feasibility study of these two systems, further more to conclusion: the best method to solve the problem of the claim of compulsory wreck removal is to construct fund system which functions as a risk resolution tool on the base of existent liability insurance.