Research On Legal System Of Life Salvage At Sea

Legal system of life salvage at sea,a special legal system based on natural law theory,possesses characteristics of both public law and private law.Starting from scope and legal characteristics of life salvage,and based on previous theories and practical achievements on this topic,the thesis analyzes and elaborates the theoretical controversies and key issues in public law and private law concerning life salvage at sea,systematically studies the administrative legal relationship between government authorities and counterparts organized,coordinated,and directed by the former during the life salvage,i.e.salvors and salvees including professional salvors,maritime law-enforcing departments and military force,non-governmental salvors,masters and crew,and the civil legal relationship between salvors and salvees as equal parties,examines the civil,administrative or criminal liabilities of the salvors when they violate their legal obligations to render salvage service,elaborates the hot issues such as concurrence and conflict of rights to coordinate between salvaging countries and coastal countries during salvage direction,and put forward theoretical foundation and value judgment for foundation of multi-system of public law and private law concerning life salvage as well as legal perfection of national law.The thesis is divided into five parts.In the first Chapter,scope and basic theory of life salvage at sea is analyzed.The author compares viewpoints of scholars both at home and abroad toward life salvage at sea,defines connotation of life salvage as both a legal concept and a technical concept,and summarizes its features,i.e.statutory,of public benefit,free and preferential.The author then analyzes academic perspectives on features of life salvage at sea,states its dual characteristics,i.e.characteristics of both public law and private law,and elaborates the theoretical foundation of life salvage system in natural law.In the second Chapter,subject of life salvage at sea is analyzed.The author investigates legal status and scope of duties of government authorities during salvage,systematically studies the Chinese salvor system consisted of governmental salvors,maritime law-enforcing departments and military force,non-governmental salvors,masters and crew,and discusses legal issues on non-governmental salvors including volunteers who have played a more and more important role in life salvage at sea.In the third Chapter,public law on salvage is discussed.The author analyzes mode of cooperation between government authorities of coastal states as well as between the authorities and other organizations,studies rights of contracting parties,coastal states and humanitarian salving countries and concurrence and conflict of rights thereof under the background of United Nations Convention on the Law of the Sea and International Convention on Maritime Search and Rescue,and puts forward solutions therefor.The author also analyzes liabilities in public law of government authorities,professional salvors,masters and crew when they violate their statutory obligations of salvage.In the fourth Chapter,the author discusses how to protect the civil rights and interests of relevant parties.The author analyzes the source of civil rights and interests of salvors and salvees during life salvage as equal parts,elaborates right of claim for salvage remuneration,and studies the constitution and legal nature of such right accordingly.The right of claim for salvage remuneration merely for preservation of human life was denied previously,yet most scholars nowadays prefer the theory of "relative affirmation".Based on this trend of change,the author analyzes evaluation and standard of determination for the salvage remuneration,and suggests remuneration system for salvage expenses be established by means of insurance,fund and government allocations.Foundation of salvees’ rights to claim damages against salvors,doctrine of liability fixation and determination of compensation amount are mainly elaborated.Suggestions on perfection of laws on life salvage at sea are put forward in the last Chapter.The author,based on analysis on current national laws on life salvage at sea,holds that systematic legislation should be established,military force and civil power should develop simultaneously,national legislation and local legislation should supplement each other,and international conventions should be adopted so as to improve national legislation,while specific measures include perfecting the administrative management system of life salvage,specifying salvors’ legal status and right of claim for salvage remuneration,properly determining the amount of salvage remuneration,establishing remuneration system for life salvage expenses,and clearly provides legal liabilities of the salvors.Last but not least,the author puts forward suggestions on legal issues concerning international cooperation on life salvage at sea.