Research On The Law Of Compulsory Removal Of Shipwrecks At Sea

The maritime transport is undoubtedly the most important link in the international trade.With the prosperity an development of the marine economy and the exchange of economy and culture in various places,the exchanges between ships at sea become more and more frequent.The economic development promotes the progress of the society.Technical innovation.In order to adapt to the rapid development of economy,the tonnage and body mass of ships are increasing,and after the marine accidents,the harm caused by it that no longer same from that of the wooden sailing ships.The difference in materials and structures,the danger of transporting goods themselves makes the shipwrecks accident very serious to the safety of the navigation and the marine ecological environment.However,the current situation of removal of shipwrecks at sea in our country is also quite serious.The value of the recovered wreckage is not necessarily sufficient to cover the cost of the removal operations.There are a lot problems and situations in practice.Therefore,it is necessary to perfect and mature the theory continuously.At present,the relevant laws on compulsory removal of shipwrecks in our country are obviously unable to adapt to the current practice,so we need to sum up excellent theories on the basis of practice,clear the definition of the legal elements involved in salvage removal and a proper treatment of the related problems to establish a legal system which is consistent with the practice of our country,strict in procedure,fair in substance and efficiency.Firstly,this paper gives a brief description of the related concepts of compulsory removal of a shipwrecks at sea,and analyzes the nature of the marine activity from different angles.Secondly,it defines it.The domestic legislation of our country is not clear about the main body of responsibility,which is an important subject of law.Therefore,this paper probes into how to determine the scope of the subject of responsibility,and clarifies the obligation of the subject of responsibility.At the same time,it also discusses.the part of responsibility rights which has not been paid enough attention to.Thirdly,the cost bearing is the core of core problem of the whole system,so related cost problems such as the subject are discussed.This paper discusses the current legal system in China,and examines some problems such as the lag of legislation,the incongruity and even contradiction of various laws.How to establish a unified laws and establish a cost guarantee mechanism that matches the practice of our country,such as the compulsory liability insurance system or the fund system for the compulsory salvage cost of ship wreckage,This paper mainly discusses whether it is necessary for our country to adjust the applicable scope of the Nairobi International Convention on the Removal of Wrecks,2007,so as to be of benefit to the development of the system of forced salvage and removal of ships at sea in China.