The Study On The "Gabriel" Maritime Salvage Contract Dispute Case

In the background of "The Belt and Road" initiative,Chinese and foreign maritime contacts have become increasingly frequent,the risk of "a ship paralyzed,the same to all ports" is getting bigger and bigger,the role of salvage in sea is becoming more and more prominent.In order to fulfill the principle of encouraging the rescue better,it is necessary to protect the relief rights and interests of the rescuers in the law.However,the maritime law of China cannot solve every problem of salvage,and it needs to be improved.The case of“Gabriel” maritime salvage contract dispute is a good embodiment.The case has gone through three trials,which has caused great repercussions in the academic and judicial circles of the maritime law.The controversial point in the case deserves in-depth study,especially on the issue of employed salvage.For employed salvage,International Convention on Salvage1989 and People's Republic of China Maritime Law did not have specific regulation,any other legislation did not provide any relevant content about salvage,there is not a unified standard in the judicial practice,which make the judge be in trouble in the actual trials.In view of this situation,based on theoretical research on employed salvage at home and abroad,this paper conducts legal analysis on the "Gabriel" case by extensive reading of related literature,studies on the legal attribute of employed salvage and the application of the contract of employed salvage,and points out that the lack of employed salvage legislation in our country,puts forward the improvement suggestions,so as to guarantee the salvage award achievement of rescuers who use employed salvage,implement the principle of encouraging salvage,maintaining the safety of the sea and fair economic order.In addition to the preface and conclusion,the text is composed of four parts.The first part is the introduction of the "Gabriel" case and the development of the whole case,summarizes the key issues of the case,namely the qualitative of the salvage contract and the determination of salvage remuneration.The second part is about the analysis of the qualitative of the salvage contract.By introducing the theoretical knowledge about the definition,constitutional elements,legal attributes and kinds of salvage,the concept of employment salvage is introduced and analyzes how the court determines the salvage contract as the employed salvage contract..The third part is the analysis of the determination of salvage remuneration involved in the case.It's concluded that the salvage contract involved in the case is employed salvage contract,which can not apply to International Convention on Salvage 1989 and the ninth chapter of People's Republic of China Maritime Law,then analyzes the rationality of the tribunal's application of the contract law,affirms tribunal's determination about the nature of employed salvage and inadvisability of fund involved.The fourth part analyzes the revelation of this case to our country's legislation and judicature--How to apply the law to employed salvage,puts forward suggestions on the legislation of employed salvage in China.The suggestions are to determine the nature of employed salvage and to formulate relevant laws,and make connections and cooperation with other laws and regulations.