A Study On Relevant Legal Issues Of Compulsory Wreck Removal

When ships sink after collision, run on the rock or other maritime accidents, or cargoes fall into the sea, the wrecks most likely threat the safety of maritime navigation, production operation, the marine environment, marine resources and other relevant interest. In order to safeguard the public security and public interests, the competent authorities of maritime administrative have the right to take measures on the wreckage of wreck removal. In this process, occurs a series of rights, obligations and responsibilities of the relationship between the subjects, which needs a great legal system to adjusted. However, the wreck removal system scattered in some laws and regulations in China, and most of them exist a certain lag, when face of wreck removal problem in the new period is insufficient. Thus in the theory and the practice domain generated some controversy, mainly includes:the connotation and extension of compulsory wreck removal, the subject of liability, compulsory wreck removal expense to realize and safeguard mechanism, for these problems, the domestic has not yet conclusive.This paper takes the "East 419" compulsory wreck removal and cleanup dispute case as the breakthrough point, introduces several main problems. Using the relevant foundation of jurisprudence, administrative law, maritime law theory, through the comparative analysis of International Convention and foreign legal system. Make full use of existing academic theory and research results, combined with our existing regulations, and analysis our country to draw lessons from, as far as possible to make the proposed assumption has the innovation and feasibility.Except the introduction and peroration, the chapter is divided into five parts:the first part starts from the "East 419 " case, put forward the question; The second part, through defining the basic meaning of wreck and removal,to further clarify the meaning of compulsory wreck removal, and the nature of compulsory wreck removal is administrative legal behavior, the link is divided into three different specific administrative act:the administrative order, administrative enforcement and administrative enforcement. The third part mainly discusses the responsibility of compulsory wreck removal, introduce the International Convention and foreign legislative provisions on the subject of liability, then discuss if the ship owner and operator of the wreckage, caused the accident has the fault of the third party and the owner of the goods to the compulsory is liable for wreck removal.which mainly focuses on whether they should undertake compulsory wreck removal expenses incurred. The fourth part discusses two problems:one is the repayment priority of the expenses, the other one is if the responsible subject could limited his liability. The fifth part through the elaboration of compulsory wreck removal expenses arising from the implementation issues, further on the basis of《2007 Nairobi international ship wreck removal)) proposed the establishment of compulsory insurance and direct litigation system.