Research On The Legal System Of Maritime Search And Rescue Compensation In China

The maritime search and rescue compensation is an appropriate compensation for the special losses such as fuel consumption,shipping date loss and so on of the social forces participating in maritime life rescue or unrecoverable environmental relief coordinated by maritime search and rescue agencies.The uniqueness of the sea compared with the land determines that the maritime search and rescue work has the characteristics of high risk,high investment and high consumption,which puts forward higher requirements for the characteristics of the normalization,the timeliness and full coverage of the maritime search and rescue compensation.However,due to the weakness of China's maritime search and rescue system construction and administrative compensation theory research,the maritime search and rescue compensation system has been neglected for a long time.The lack of the system and several systematic defects of the compensation still seriously restrict the development of maritime search and rescue in China.In order to effectively reconstruct and integrate the maritime search and rescue compensation legal system,this paper is composed of four parts.The first part,"research on the basic theory of maritime search and rescue compensation",sorts out and summarizes the basic theory of maritime search' and rescue compensation,which lays the premise and foundation for the research on the legal system of maritime search and rescue compensation.Firstly,the definition of maritime search and rescue compensation is clarified by comparing with several similar concepts of maritime search and rescue subsidy,maritime search and rescue comfort or preferential treatment,and maritime search and rescue reward.Secondly,the paper summarizes the characteristics of regionalism,administrative and full coverage of maritime search and rescue compensation.Thirdly,it studies the typology of maritime search and rescue compensation,and divides it into two modes:emergency requisition compensation and official assistance compensation.Finally,it returns to the theoretical basis of administrative compensation and deeply explores the legal basis of maritime search and rescue compensation,China's maritime search and rescue compensation should be based on the theory of particular costs.The second part,"investigation of the current situation of China's maritime search and rescue compensation legal system",searched and analyzed the relevant legislative provisions of maritime search;and rescue compensation.This chapter follows the logical path of normative research.Firstly,it summarizes the general situation that China's maritime search and rescue compensation legal system has not yet been formed and its hierarchy is still incomplete.Secondly,on the basis of sorting out and summarizing the maritime search and rescue laws and regulations,this paper compares and analyzes the relevant provisions concerning maritime search and rescue compensation in the current laws and regulations,and summarizes the guiding principles,basic elements and funding guarantee of maritime search and rescue compensation.The third part,"the analysis of the dilemma of maritime search and rescue compensation legal system" re-examines and reflects on the current situation of maritime search and rescue compensation legal system,analyzes the current practice dilemma.Firstly,the maritime search and rescue compensation legal system is not complete.Secondly,the content of the legal system is not perfect,which is embodied in the arbitrariness of the compensation principle,the limitation of the compensation scope,the singleness of the compensation method,the fuzziness of the compensation standard and the lack of procedural constraints.Finally,the lack of maritime search and rescue support mechanism is mainly manifested in the narrow source channels of compensation funds and the unformed relief mechanism.The fourth part,"the reconstruction of China's maritime search and rescue compensation legal system",aims at the practical difficulties and designs the specific path to improve the maritime search and rescue compensation legal system.In order to reasonably solve the problem and the internal connection between the method,first of all,the optimization path of the maritime search and rescue compensation legal system should be based on the national conditions of our country,and form the pattern of parallel central legislation and local legislation.Secondly,it is necessary to refine and improve the elements of the maritime search and rescue compensation legal system,define the principles of compensation,the scope of compensation and the basic standards of compensation.Thirdly,it is necessary to broaden the ways of maritime search and rescue compensation by providing tax and exemption policies such as equipment purchase,developing socialized compensation services for emergency rescue,strengthening personal insurance for rescue workers,and introducing credit records of maritime search and rescue.Finally,it is necessary to establish and improve the relevant guarantee mechanism of maritime search and rescue compensation,promote the orderly compensation procedures,establish a special fund for maritime search and rescue compensation as well as a supervision and relief mechanism.In conclusion,these methods and techniques will make the legal system of maritime search and rescue compensation both informative as well as complete.