Study On Legal Status Of Volunteers For Maritime Search And Rescue In China

Volunteers constitute vital component for maritime search and rescue, the legal status of which is regarded as key to the legal system for voluntary service in the corresponding area. Such volunteers are simultaneously regulated by laws relevant to voluntary and maritime search and rescue, which may lead to the specificity and complexity of their legal status. Due to defects of domestic laws, such legal status cannot get clearly defined, prejudicing promoting the regime of maritime search and rescue or protecting benefits of volunteers. This thesis makes a comprehensive study on essential issues regarding to such status and analyzes some problem-solving methods, on the basis of available theoretical achievements and the current situation of legislation related to voluntary service for maritime search and rescue.The first chapter firstly clarifies relevant concepts including maritime search and rescue, volunteers, legal relationship arising from voluntary service, etc, and the legal meaning and identification of volunteers engaged in maritime search and rescue, then make an analysis of the concept and basic content of such status, as the result of which, an overview of such special status can got defined objectively and comprehensively.The second chapter analyzes current situation of relevant legislation regarding to voluntary service, maritime search and rescue, so as to conclude real bars or problems for defining such legal status.The third chapter is an analysis of several essential issues arising from such status, including legal relationships among volunteers, voluntary organizations, voluntary receivers and the administration, the content and characteristics of volunteers’ rights, obligations and responsibilities, and salvage award and reimbursement. Through solving these issues above, what such status ought to be can get revealed.The fourth chapter makes a study to find some practicable approaches to overcome preceding obstacles, of which filling the gaps in legislation and improve content of relevant regulations are fundamental, so that such status can be cleared.