| Salvage at sea refers to the rescue for the ships and other properties involved in a marine peril on the sea or navigable waters to the sea.In the current juridical practice,the Maritime Code of the People's Republic of China(hereinafter abbreviated as the Maritime Code)has no clear regulation on whether salvor should undertake the responsibility for the damage caused to aided person due to the fault of salvor.But instead,according to the general regulations on liability for fault in General Principles of the Civil Law of the People's Republic of China(hereinafter abbreviated as the General Principles of the Civil Law)as well as the regulation that the salvor can quote the limitation of liability for maritime claims in Maritime Code,it can conclude that the salvor should undertake the tortious liability within the limitation of liability for maritime claims.However,the exemption clause for the bona fide salvor newly-added in General Principles of the Civil Law leads to the legal liability exemption on bona fide salvor under normal tort actions.salvors can resort to responsibility exemption according to bona fide clause,which is contradict to the current judicial practice.This paper starts from the difference on the salvor's responsibility fulfillment regulations in Maritime Code and General Principles of the Civil Law and refers to the influence of bona fide salvage clause on the responsibility fulfillment of salvers in salvage at sea,proposes some new suggestions on the salvors'damage liability fulfillment in salvage at sea from the perspective of legislative doctrine.The introduction summarizes the topic-selection background and research method of this paper.Chapter 1 introduces the legal source and purposing interpretation of the good samaritan clause in the general rules.This paper starts from the legislative background of the good samaritan clause,which refers to and transplants the Good Samaritan Law in Anglo-American Legal System.By analyzing the adjustment scope of Good Samaritan Law in Anglo-American Legal System,it concludes that the salvage at sea system in China belongs to the adjustment scope of bona fide salvage clause.Chapter 2 testifies the shock of bona fide salvage clause on the current salvage salvor's responsibility fulfillment regulations.This paper analyzes the theoretical cause for the tortious liability within the current salvage salvor's fulfillment of limitation of liability for maritime claims from the perspective of system.However,after releasing bona fide clause,as the legal exemption on tort behaviors,the salvors in voluntary salvage actions can resort to liability exemption,which is contradict to the clause that salvors have the rights to quote the limitation of maritime liability,thus leading to the discordance within the legal system on the salvage salvor's liability fulfillment regulation.Chapter 3 discusses,from both positive and negative aspects,on whether the salvors in salvage at sea should apply to the good samaritan clause.According to the author,considering balancing of interests nature between salvage with caution and sword protection,the salvage salvor at sea enjoys the claim for salvage payment;correspondingly,if damage caused to the salvaged party because of the undue caution in the salvage behaviors,the salvaged party should enjoy the protection of sword protection,namely the saved have the right to ask the salvors to undertake compensation liability because of the salvor' s fault.Chapter 4 discusses the necessity to improve and perfect the salvage at sea system and proposes feasible suggestions.As to the discordance within Chinese legal system caused by the release of bona fide salvage clause,the author suggests that relevant legal systems of salvage at sea should be improved,among which the salvor's tortious liability for causing the damage to the saved due to the salvor' s fault should be clarified;and the tortious liability should not be exempted according to the bona fide clause in the general rules. |
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