Study On The Remuneration For Salvage Of Human Life At Sea

Salvage system is the important system ensuring the safety of the sea.It is purpose to encourage people rescue the ship,cargo,and life to ensure the safety of maritime navigation.With the development of the maritime industry,salvage of human life gains more attention than before.Establishing and improving the legal system of salvage of human life has become especially important.This article is intended to specific issues of salvage of human life,discussing the method to solve,reference to relevant provisions of each country and trying to find how to constitute and complete such a system.The main body of this article is divided into five parts.The first part,it put forward the question that how to solve the problem about the remuneration for the salvage of human life at sea through an Amarican salvage case.The second part,it analyzed the different provisions of international conventions and foreign countries and compared their different views.The third part,it analyzed the different theories in the fields of academia remuneration claims for salvage of human life,and find out the most suitable theory basis.The fourth part,it put forward specific problems of salvage of human life.First of all,it is important to clear the concept of remuneration for salvage of human life.Secondly,the concept of "liability salvage" was introduced and found out the main liable parties.Take the rescue costs and the degree of risk into consideration for the remuneration.At last,in order to protect the system realized,it recommended the establishment of advance payment system.The fifth part,it suggested on the construction of the compensation mechanism for the salvage of human life at sea in China.Firstly,the "human life" should be regarded as the object of salvage and giving the salvor the right of claim for remuneration.Secondly,a fund of salvage of human life should be established.When the salvor cannot get the remuneration,they can get compensation from the fund to improve the enthusiasm of the rescue.Finally,perfect the relevant insurance system to reduce the losses caused by the accident.