Study On The Legal Issues Of Maritime Administrative Assistance In China

In the early stages of maritime trade,greater risk of maritime navigation,the human ability to resist natural disasters in low,and the piracy was rampant.In order to develop maritime trade and ensure the safety of maritime transport,special maritime rescue laws were enacted to encourage timely and efficient rescue and payment of the material remuneration in order to avoid the intention of looting,reduce the impulse of the perpetrators,to achieve a win-win results.With the improvement of technical level navigation,growth of sea transportation trade volume doubled.Maritime safety has not only a qualitative impact on the development of the national economy,but also a significant effect on the protection of the marine environment and even national security.Especially the proposed plan of the state "The Belt and Road" strategy,twenty-first Century Maritime Silk Road and the traffic security work is particularly important,only relying on the strength of social assistance has been unable to meet the increasingly complex salvage environment,urging the government to rescue efforts to increase investment,so the concept of administrative assistance shipwreck.Compared with the traditional maritime salvage,the maritime administrative assistance has its incomparable advantages.On the one hand,the main body of the administrative aid of maritime disaster can join the general relief activities by the equal subject of civil and commercial activities.On the other hand,the pollution of the marine environment and save in distress at sea salvage,salvage the traditional subject may in consideration of cost and profit is proportional and selective assistance,and the main maritime administrative assistance due to inherent requirements of their statutory duties,not to pay and no relief and rescue.But in the characterization of shipwreck administrative assistance effectiveness quality at the same time,worthy of attention is itself also has some prominent problems,such as the difficult subject of administrative assistance relief act,whether can the provisions of the "maritime law" in accordance with the right to claim compensation problems which restrict the development of China's maritime administrative relief system.In view of the above problems,on the basis of drawing lessons from the relevant theories and experiences abroad,this paper puts forward some suggestions to improve our maritime administrative assistance.This paper is divided into four chapters.Chapter 1,introduces the basic theory of maritime administrative assistance in our country.It mainly discusses the connotation of maritime salvage,the type of maritime salvage and the legal relation of maritime salvage.Chapter 2,this chapter from the traditional salvage,lack of righteousness,and earnestly fulfill the international obligations of the Convention of the oath of national territorial claims in disputed waters and analyzes the necessity of administrative assistance in China at three aspects.Chapter 3,puts forward existing problems in China's administrative relief of the shipwreck,mainly in the competent authority,the provisions of general claim on the ship as the maritime administrative assistance object defects,maritime administrative relief administrative remedy blank.Chapter 4,Aiming at the problems in the chapter 3,puts forward some suggestions to improve our maritime administrative assistance.