Research On The Legal System Of Salvage At Sea

Salvage at sea is a particular legal system in maritime law,as compared to other laws.This system purports to encourage people to salvage vessels,cargoes on board and lives in the perils of the sea so that the safety of navigation can be maintained.Considering gargantuan risks occurring at sea,the law entitles salvation to salvage reward,which will compensate for the out-of-pocket expense of vessels and equipment.It not only encourages people to salvage vessels,cargoes or lives in disress,but also protects the salvaged property from being possessed by salvors illegally.Studying and approaching salvage from legal angle to perfect and develop the salvage at sea is an antique problem and an well as a constant new problem.It is also a problem which worthwhile to study and discussion.To study this problem is magnitude and far-reaching meaning on perfects and develop our legal system of salvage,as well as on revise our Maritime Law etc.which involving salvage legal system.This paper from the perspective of academic research,starting from the basic theoretical issues,including the history and development of Salvage at sea,the elements and nature of Salvage an sea,the rights and obligations of legal relationship of Salvage at sea.Then by compareing and referenceing the laws and regulations of domestic abroad,provision of International Convention,to dissect the emphasis and difficulty of our courtry's salvage at sea,including determination of salvage reward,the claim of remuneration for maritime salvage of human life,the special compensation system. For distribution of Salvage reward,I advocate contrast the method of fixing the external distribution,to fairly distribute among the salvors;when I probe the rescuing of life at sea,I pose the suggestions that to identify the throretical basic of the payment claim of the rescuing of life at sea,with combining and referencing UK legislation, to establish appropriate legal proceedings and effective relief foundation; By elaborate the meaning, progress,elements of special compensation system,I also pose the suggestions that to clear concepts,to simplify calculation principlesand so on.Through in-depth analysis the shortcomings and deficiencies of the legal system in China salvage,I hope the paper will be helpfur for the depth research of salvage at sea and the revising of China Martime Law.