Research On The Ownership Of The Sunken Ship Of Compulsory Removal

With the development of the international trade, shipping business has the advantage of low prices and large volume, so it has become the important means of goods transportation in the international trade, and it is stimulus to the development of the national economy. At the same time, the sunken ship accident frequently happened. It has been a long time since the compulsively salve existed a serious problems, the ownership of the sunken ship is one of the most important aspects. But now, in our country, we do not have specialized law to solve these questions, the compulsive salvage of sunken ship has become a difficult problem. If the problem does not been solved properly, it will cause serious environmental pollution, and meanwhile, jeopardize the security of the sea, cause a large number of property loss and personal injury. Under the circumstance that transportation by sea has played more and more important role in the international trade, it has become an imperative issue to set up an appropriate system solving the problem of sunken ship compulsive salvageThis article is based on numerous materials that were collected from internal and external law and study the current situation of our country. Through hard researching work to these materials, by means of studying, the author has a profound cognization to the question of the ownership of the sunken ship in the case of compulsive wreck removal. This article includes:the legal status of the sunken ship, the definition of the compulsory wreck removal, how to understand regard as abandon ownership, analyze related legal questions after abandoning ownership, through studying external law, the author clarified the theoretical basis from legal principle, he property law, the administrative law, levy, commandeer, nationalization and so on, and meanwhile, analyzing the legal relation between the owner and the others, at last, the article analyze the legal meaning of abandoning ownership. The author argues that, after the ship sinking, the marine board should inform the ownership salve the sunken ship on time, if it does not be kept, then the marine board can salve compulsory, in order to pay back salvage charges, the wreck should be auctioned, the remained should reback to the ownership. In this artiele,the authors that,when dealing with this question,Chinese lawmakers should pay more attention to external law,and at international trend of this subjeet.