Salvage Related Legal Issues

Maritime transport many uncertain factors, compared to other modesof transport have greater risk, although the rapid development of moderntechnology makes the navigation technology is improving, but the maritimeaccidents."Have to salvage them in900BC Rhodes in Haifa, rescue1/5rights" records. After more than a century later, the maritime law ofsalvage system although constantly. From the traditional "no cure no pay"principle to the "Convention" international assistance in1989"specialcompensation clause", to the Ship owners Mutual Assurance Association setup SCOPIC clause. Rescue purposes from simple protection safety ofnavigation development to guarantee the dual purpose of navigation safetyand protect environment.The development of marine salvage law must reflect changes to salvagebehavior. This paper focus on China’s disaster relief legislation andinternational salvage legislative trend research, also carries onreconsidering to the traditional salvage theory, through the comparisonof salvage behavior theory and practice, in order to salvage the purposeof improvement of legislation, and to provide reference for practice.Salvage system is designed to encourage salvage. At the beginning ofthe human sailing, it does not exist modern vessels and utensils, thesubject of salvage is single, which confined to the ship and cargo.Rescuing human life is only a moral responsibility. With the developmentof science and technology, something which similar to the ship also canbe the subject of salvage. Whether life saving can be the subject ofsalvage has always been controversial, but put human life as anindependent subject is the modern legislation trend. Modern transportation has become increasingly rich, large ships andoil tankers at sea transport plays a more and more important role. Butsuch ship once in distress, salvage operation will be very difficult.Furthermore the salver have to obey the principle of“no cure, no pay,”if salver failed rescue, salvage charges will not be compensated. Inaddition, especially the large oil tanker pollution is serious,environment have involves the public interest, in order to encourage thesalver to rescue environment, special compensation arises at the historicmoment.China’s maritime law and salvage obligation subject provisions arenot clear. The provisions of the relief right subject is “who hasimplemented the salvage.”Provisions of the subject of salvage obligationis “the ship or other property salved.” If salver rescue is its duty,he has no claim for salvage as traditionally.It is believed to be savedship’s crew have no salvage rights, but in practice there are exceptions,but the law does not stipulate. According to the provisions of passengertransportation and passenger rights and obligations, the passenger shallbe entitled to claim for salvage. if the ship was rescued, all benefitmain body should have to pay remuneration for salvage. But the law onlyprovides direct beneficiaries pay remuneration for salvage obligation,but no rules on indirect beneficiaries. As the rescue ship bareboatcharter can obtain more benefit than the ship owner,so they should paythe reward. If the ship lost, the largest loss is the bareboat charter,rather than the ship-owner. So how to define the salvage remunerationpayment subject is very necessary.