A Study On Claim For Salvage Reward By Maritime Authorities

Claim right of salvage reward was not only established to protect the property of the salved from being destroyed and looted, but developed and matured because of its aim to encourage salvage services. Both conventional law and national law have regulated the right and formed a well-established private law system. Chapter nine of Maritime Code of the People’s Republic of China (hereinafter referred to as Maritime Code) also regulates the regime in details. However, Maritime Code is civil special law, which adjusts legal relations of equal civil subjects. When maritime authorities who own competent power engage in salvage services at sea, can they be similar to private salvors that claim for salvage reward according to Maritime Code? If they can, should their calculation of salvage reward be different from private salvors to some extent due to the use of civil servants and equipment? All of these issues have caused considerable controversy in theoretical cycle and practice. Therefore, it is necessary to clarify maritime authorities’ claim right of salvage reward.This thesis consists five chapters in all to discuss maritime authorities’ claim right of salvage reward. The first chapter is mainly to solve that if the specificity of maritime authorities’ subject identity, the public ships they use and their legal obligations and responsibilities will influence their enjoyment of salvage reward. The second chapter focuses on the acts of maritime authorities in salvage services and points disadvantages of current classifications. Then chapter three comes up with "within and beyond the scope of responsibilities" standard and analyzes the rationality of the standard on distinguishing the acts of maritime authorities. Since we have definite the standard that maritime authorities gaining salvage reward, the question of the amount of salvage reward then comes. Chapter four presents that the amount of salvage reward of maritime authorities should be the same as private salvors and points deficiencies of cost principle. From the above, the fifth chapter gives advice on amendment of article192of Maritime Code. At last, the author summarizes the full paper to make conclusions clearer.