Research On Compensation Claims For Salvage Award By Warships In Conducting Salvage

Salvage at sea is a special system in maritime law.Compared with the rescue on land,the salvage at sea has legal compensation for salvage.The difference is rooted in the difference of the environment between land and sea.The chance of rescue on land is more and the risk of rescue on land is less than that of salvage at sea.When the danger occurs at sea,the salvors also need to pay higher cost for the salvage.The original purpose of the salvage reward system is to encourage salvage.Therefore,the compensation system for salvage at sea is produced with the emergence of salvage at sea.It is also the core of the legal system of salvage at sea.As for the necessity of the compensation system for salvage at sea,a consensus has been reached since it formed.However,there are disputes about the subjects who get the reward of salvage,whether in theoretical research or in judicial practice.Warship is one of them.The question mainly focuses on the legal status of warships in the maritime salvage law,whether the maritime salvage law can be applied to warships and the legal nature of salvage carried out by warships.The answers to these questions determine whether a warship has the right to claim compensation for salvage and,if so,how the amount of compensation should be calculated.In the international legislation of salvage at sea,the provisions of the Convention on warships have gone through a process from complete exclusion to complete application and then to be referred to the domestic law of contracting states.In the domestic law,the countries regarding the warship's legal status isn't consistent.The United States and the United Kingdom,both in legislation and case law,have recognized that warships belong to ships in maritime salvage law and have the right to claim compensation for salvage.while in the legislation of Japan and the Taiwan of china,the application of maritime salvage law to warships is restricted.The practice of our navy fleet participating in salvage accidents is increasing.The provisions of the Maritime Code of China on whether the law of maritime salvage is applicable to warships are not clear.This is not only conducive to encouraging the warships to carry out the salvage at sea,but also not good for safeguarding China's legitimate rights and interests in salvage at sea involving foreign elements.In the long run,it restricts the development of China's salvage system and the construction of strategic maritime transport capacity under the military-civilian integration.So the author intends to research on compensation claims for Salvage award by warships in conducting salvage,in order to provide useful opinions on the interpretation and application of the relevant provisions of the Maritime Code of China.The first chapter of this paper analyses the factors that restrict the warship to claim compensation for salvage at sea.There are the obstacles of the qualification and the right of claim brought by the status of warship,and the obstacle of exercising claim brought by the legal obligation or duty of the warship.The second chapter considers that the above factors can not restrict the Compensation Claims for Salvage Award.According to the theories and the existing judicial practices in our country,the military organs can take part in the relationship of private law.The restriction on ships in the Maritime Code of China is based on the actual use of ships,rather than their appearance.So the provisions of Maritime Law can apply to the warships.Not all the salvage at sea carried out by warships is its statutory duty,and the claim right of salvage reward can not be denied on the basis of the exercise of the statutory duty.The Third Chapter studies that the warship has the right of claim for salvage reward under what circumstances.Based on the "voluntariness" of obtaining the compensation for salvage,this article takes the responsibility inside and outside as the standard.A warship can not claim compensation for salvage within its duty.When a warship carries out salvage beyond its duty and the salvage is effective,it shall have the right to claim compensation for salvage.Then this paper analyzes how to judge the inside and outside of the duty of warships in the case of on-call salvage.It is considered that when a warship is called to participate in the rescue is a public emergency,the rescue behavior belongs to its duty.So the warship can not request the rescue reward.Then this paper analyzes how to determine the specific amount of the reward for salvage of warships.In the determination of the specific amount of salvage compensation,the main cost of the salvage expenses is to compensate the costs incurred by warships.In the Fourth Chapter,the author analyzes the problem of warship's claim right of salvage reward under the current maritime law system.This paper holds that the right of claim for compensation for salvage of a warship is not in conflict with the relevant provisions of the Maritime Code in China.It is also in accordance with the provisions of Article 192 of the Maritime Code.