Research On Maritime Salvage In Chinese Maritime Administration

Marine accident is the enemy of human activity at sea.It threatens and destroys human's life and treasury.Some marine accidents even cause enormous marine pollution.With the development and utilization of the science and technology,the risk of human activity at sea is decreasing.However,the risk of transportation at sea still exists.Marine accident is still happening at times.To deal with the marine accident,mankind has been researching the rescue of marine accident.As a result,the regime of salvage at sea is established based on the principle of voluntary and “on cure no pay”.However,in recent years,with the development trend of ship's enlargement,specialization and risk,the influence of marine accident is changing.It is necessary for public right such as marine safety administration to get involved in marine accidents because of both people's hunger for better life and government's duty changing from management to service.Marine safety administration is responsible for the transportation safety at sea and the pollution prevention by ships.It is also responsible for the organizing,coordination and participation of marine accidents.To improving the success rate and efficiency of marine accident rescue,marine safety administration's participation has irreplaceable t effect.Marine accidents rescue's pure private property and subjects' right and obligation is changing as a result of public law subject of marine safety administration' intervention.In China,the administration regime and legal system construction of salvage at sea is behind the development of its practice.Firstly,the pattern of administrating the sea by nine administrative departments makes the responsibility of salvage at sea dispersing and restricting the marine safety administration's duty.Secondly,there is specific behavior such as compulsory administration behavior beyond the rescue behavior by marine safety administration itself in savage at sea.In China,maritime law specifies the right and obligation for specific salvage at sea incident and it doesn't limit the obligation of administration activity for administration department such as maritime safety administration.Lastly,it is possible for marine safety administration to make excessive profit in rescue activities because of the lack of criterion of identification of specific claim right and pay amount.The paper is trying to analyze law relationship of rescue activity for the marine safety administration from the view point of public law based on the specific case of personal experience.The paper has five chapters.The first chapter introduces the traditional rescue system briefly.It clarifies establishing elements of traditional rescue and the likely law relationships so as to provide contrast for the subsequent chapters.The second chapter clarifies the necessity and legal basis for salvage at sea in maritime administrative activities.It summarizes the law characteristics of salvage at sea in maritime administrative activities by contrasting with the system of the traditional salvage at sea.The third chapter analyzes the right and obligation of traditional regime of salvage at sea based on the requirement of administrative law.It claims that maritime safety administration's behavior of salvage in administrative activities should not only take on the traditional obligation but also satisfy the administrative requirements of obligation.The fourth chapter introduces the conditions of establishment of the pay claims for traditional salvage at sea by analyzing pay claims of the salvage at sea in administrative activities.It also provides management advice for pay claims of the relevant parties.The fifth chapter advises to establish new rescue system regarding to the problems of the current system.Finally,it summarizes the main points of view of the paper.