A Study On The Legal Problems Relating To The Compulsory Wreck Removal Cost

At present,the problem of ships and other objects becoming obstacles after sinking due to accidents in the waters is attracting attention.In order to protect navigation safety,it is imminent to remove ship wrecks.The person responsible for removal does not actively carry out removal due to problems such as lack of funds.At this time,the competent administrative authority may compulsorily salvage and remove the wrecks.In the newly revised "Maritime Traffic Safety Law" in 2021,there are updated regulations on some issues of The Compulsory Removal System.The compulsory removal system not only involves the subject of responsibility,but also involves issues such as how to realize the cost,and how to guarantee the cost.Under my country’s current legal system,there are no special legal provisions for compulsory removal.The article analyzes the subject of responsibility under the new "Maritime Traffic Safety Law",the nature of compulsory removal,the nature of compulsory removal costs,the way of realization,and the guarantee of realization,and puts forward relevant suggestions for the compulsory removal system to achieve the purpose of encouraging salvage removal and protecting the safety of navigation is in the public interest.The content of the article is divided into four parts.The first part is an overview of the mandatory removal of ship wrecks.The concept and scope of "wreck of ship" and "compulsory removal" are limited,the current domestic and foreign legislation on this issue is summarized,and the legal attributes of compulsory removal of ships are analyzed,explained the principles of applying private law principles to explain public law.The second part mainly analyzes the nature of the compulsory ship removal cost.Firstly,it defines the claim basis between several types of subjects under the system,and determines the nature of the compulsory salvage cost according to the claim basis.It also discusses the controversial issue of whether the salvage and removal expenses belong to restrictive creditor’s rights in judicial practice.The third part is the research on the subject of responsibility,the principle of imputation and the way of responsibility.Specifically,from the legal basis and meaning of the division of the responsible subject of compulsory wreck removal,this thesis discusses whether the responsible subject stipulated in law is reasonable;Then,starting from the theory of the imputation principle of civil law,determine the imputation principle that the subject of responsibility should apply.Finally,on the theoretical basis of tort liability law,discuss the responsibility bearing mode of the subject of responsibility.The fourth part proposes two methods of compulsory insurance and fund establishment for the protection of compulsory removal costs,and expounds the feasibility and corresponding disadvantages of the two methods and how to connect them in the article.This article focuses on putting forward corresponding suggestions on the details that are not stipulated or unclear in the compulsory removal system under the current law,and hope that it can be included in the corresponding interpretations of the regulations on the "Administration of Shipwreck Salvage and Removal" planned to be compiled by the Ministry of Transport and the " Maritime Traffic Safety Law".