Research On The Improvement Of The Legal System For Marine Environmental Salvage

Human society’s maritime activities have a certain degree of impact on the marine environment and ecology.When a ship seeks assistance after a maritime accident during navigation,the current legal system for environmental salvage is limited by the dilemma of property assistance,which makes it difficult for the rescuer to obtain a more satisfactory incentive to help the environment,and the environmental salvage is not sufficient to achieve the desired effect.The application of the current environmental salvage system is flawed,resulting in a tendency for salvage providers to neglect or fail to do their best to save the environment,defeating the purpose of environmental salvage.Improving environmental salvage will not only promote a better maritime law system,but will also meet the requirements of the ecological era and the long-term interests of mankind.The study of environmental salvage should first be based on the definition of environmental salvage,by analysing how to understand the concept of environmental salvage,pointing out that environmental salvage should include the three aspects of marine resources,environment and ecology,so as to distinguish the similarities and differences between environmental salvage and similar concepts.In this way,the similarities and differences between environmental salvage and similar concepts can be distinguished,and the concept and scope of environmental salvage can be clarified.The characteristics of environmental salvage determine that its legal application should be understood from both public and private law perspectives.The development of environmental salvage in China should be clarified by reviewing the international and domestic development of environmental salvage and analysing the shortcomings of environmental salvage in China: firstly,the object of environmental salvage is not clear,secondly,there is no independent way of accounting for environmental salvage remuneration,and finally,the coordination system for environmental salvage is insufficient.From the point of view of the reality in China,it is necessary to improve the legal system of environmental salvage not only from the perspective of private law,but also through the improvement of other systems to support the implementation and improvement of the legal system of environmental salvage.From the private law perspective,it is advisable to update the subject matter of environmental salvage and to establish a separate mechanism for environmental salvage payments,and to use legal systems such as funds and limitations of liability to assist in the payment of environmental salvage payments,given the huge amount of liability borne by the person being rescued.In addition,it is important to promote the rule of law in China,and to improve the legal system of public law,in addition,it will give China the power to promote the revision of international conventions.