Research On Legal Issue Of Employment Salvage

From a worldwide perspective,along with the development of maritime trade and world shipping,the forms of salvage for the sea have basically gone through three main forms.From the earliest days,pure salvage was not based on contractual relations but rather humanitarianism and voluntary assistance.In the process of capitalist development,all things and behaviors were brought into the category of commercialization and contractualization.At this time,the “No cure no pay” form of the shipwrecked relief emerged.It has been widely accepted and used so far.In recent years,in China's shipwreck rescue practice,shipowners have used hiring professional salvage personnel to rapidly rescue the distressed cargoes.This is the employment salvage(Employed salvage)on employment assistance.The focus of debate among scholars is There are the following two kinds of views on the legal ownership of employment assistance: The first is that employment assistance is the third form of contemporary salvage;the second is that employment assistance is a maritime service form,which falls within the scope of civil law and contract law adjustment;There are obvious differences in the principle of rewards for obtaining employment,the ownership of salvage command,and the calculation standards for compensation.In particular,employment assistance eliminates the application of the principle of “no effect and no pay” in traditional salvage,and deviates from the risk sharing of salvage.As well as the core of the incentive mechanism,it is not considered as a salvage service.By contrasting with the employment services underEnglish law,it is believed that the employment assistance in China does not belong to the employment service system in English law in terms of nature and content,and then analyzes the maritime service contract.With regard to the relationship between the salvage and salvage,it is found that the essence of employment salvage is a sea service contract.The legal application of employment assistance is also the focus of the dispute.The "1989 Rescue Convention" is a combination of various aspects of maritime trade principles,international conventions,jurisprudence,academic achievements and other aspects of various countries.It is a refinement of the legal issues that may be involved in the area of salvage,and "no effect,no pay".The nature of its risk sharing and the characteristics of high returns realize the balance between the interests of the salvage parties and achieve the purpose of encouraging salvation.It is an international practice that has been recognized by the experience of countries over many years of maritime salvage.The 1989 Salvage Convention "It is a process of treatyization and standardization of "no effect,no pay." Therefore,when the party chooses to apply the"1989 Rescue Convention," it should apply the "no effect,no pay" principle to the exclusion of the Convention,and the employment assistance system has broken through the "no effect,no pay" principle,from Fundamentally ruled out the essence of the "1989 Rescue Convention".In accordance with the provisions of the international treaties and the application of the Chinese maritime law,the priority should be given to the “1989 Rescue Convention.” As previously argued,the employment assistance system does not fall within the scope of the “1989 Rescue Convention” and is a The overall exclusion applies.Therefore,the employment assistance system does not apply to Chapter 9 of China's Maritime Law.Because the employment assistance contract is a maritime service contract,the nature of the salvage reward also affects the mutual application with general average,maritime liens,and the insurance system.Although salvage is not a salvage,it does not mean that it cannot be applied to other things.Maritime special system.By analyzing the difficulties faced by the employment assistance system,the feasibility plan for constructing the employment assistance system is proposed.