The Comparative Study Of Salvage And General Average System

This paper consists of five chapters. Based on legal practices, the author tends to launch a comparative research in this paper on the two legal systems of maritime salvage and general average, either of which dates back to ancient times, and to put forward advice on the perfection of these two systems in the future.Apart from the introductory paragraph, this article begins the first chapter with a brief introduction theoretically on concepts of maritime salvage and general average. It tries to present readers a brief picture of the two systems maritime salvage.The second chapter introduces the theoretical common points and departing points of the two systems maritime salvage, and has the further analysis on part of the key points, as well as presents understandings of the writer.In the third chapter, based on the theoretical analysis in the first two chapters, the writer chooses two popular practical marine topics, which are marine insurance and pirates. By applying the two systems into these topics, the writer tries to draw a vivid picture of the two systems and at the same time to put forward the writer’s critical thinking maritime salvage.As one of the most important part of this paper, the fourth chapter, the writer analyses the trends of the systems maritime salvage the future, points out the deficiencies in the two systems aforementioned, and gives the advices of perfection.It is noteworthy that this paper mainly makes references to Chinese maritime law, relevant International Treaties and International Practices. The hierarchy of these laws are applied in accordance with Article267of Chinese Maritime Code. If any International Treaty concluded or acceded to by the People’s Republic of China contains provisions differing from those contained in Chinese Maritime Code, the provisions of the relevant International Treaty shall apply, unless the provisions are those on which the People’s Republic of China has announced reservations. International Practice and General Contract may be applied to matters for which neither the relevant laws of the People’s Republic of China nor any International Treaty concluded or acceded to by the People’s Republic of China contain any relevant provisions.