Research On Legal Issues Of The Salvage Of Public Service Vessels

The research object of this paper is a series of legal problems caused by a special kind of ships in maritime law--public service vessels when they participate in salvage.As a special kind of ship,the current legal regulation of public service vessels is not perfect,and the theoretical research is also relatively scarce.However,in the current practice,more and more public service vessels appear in the front line of salvage.The salvage of public service vessels is a special situation in the salvage system.The imperfection of legal provisions leads to practical disputes.In this context,this paper attempts to study the legal issues related to the salvage of public service vessels.The first chapter summarizes the issues related to salvage of public service vessels.This part mainly analyzes the theoretical definition and practical category of public service vessels,different types of the salvage of public service vessels.Finally summarizes the legal issues in the practice,so as to lay the foundation for the later study of these specific issues.The second chapter analyzes the legal nature of the salvage of public service vessels.According to the classification of the first chapter,the legal nature of property salvage,life salvage and compulsory salvage are analyzed respectively.The third chapter analyzes the legal status,rights and responsibilities of the competent authority,which is the important salvor in the process of government ship salvage.This chapter analyzes the legal status of the competent authority in different types of salvage,and further studies its rights,obligations and responsibilities in different types of salvage.The fourth chapter analyzes the right to claim for salvage payment and charge of the competent authority.The right contains not only get the salvage payment under the maritime law,but also get the administrative charges in the field of administrative law.The salvage payment includes salvage reward and special compensation.First of all,this paper discusses the dispute in practice--the right of claim for salvage reward.This paper demonstrates whether the competent authorities should enjoy salvage reward and special compensation from the theoretical basis.Under what circumstances should the competent authority have the right to obtain reward? This paper summarizes three kinds of classification standards of judicial practice and theoretical research at home and abroad,analyzes the meaning,theoretical basis,rationality and defects of different standards,then puts forward the standards supported by this paper: The standard of internal and external responsibilities.Should the amount of reward of competent authority be different from that of the general salvors? This paper summarizes the two standards of judicial practice and theoretical research at home and abroad,analyzes them respectively,and puts forward the standard of determining the amount supported by this paper,which is equivalent to the general salvor.Secondly,through the research,this paper draws the conclusion that the competent authority has the right to obtain administrative charges in the compulsory salvage within the scope of their duties.On the basis of the previous four chapters,the fifth chapter of this paper summarizes the deficiencies of the current legal system related to the salvage of public service vessels,and puts forward suggestions from the legislative level: Expand the legal application of government ships;Perfect the provisions of the right to claim reward for salvage by the competent authority;Supplement and sort out the provisions of the rights and responsibilities of competent authority;The organ that reviews disputes related to maritime salvage shall be designated as the competent organ at the next higher level to take the administrative act,and the preconditions for reconsideration shall be determined;Improve the maritime salvage system with the maritime search and rescue center as the core,and further improve the extraterritorial search and rescue cooperation mechanism.