Research On The Maritime Salvage And Mandatory Rescue At Sea Related To Public Authorities

Rescue at sea related to public authorities mainly includes maritime salvage and mandatory rescue. In essence, maritime salvage is civil legal nexus. Public authorities take part in maritime salvage as a salvor or to control the salvage operations. Mandatory rescue has two essential figures which are public interests and compelling forces. Based on the continental legal system in China, public interests and compelling forces determine one act to form public law relationship, while private interests and equality is necessary to civil legal nexus.In this thesis, the definition, legal nature of and rights, power and obligations in salvage operations by or under the control of public authorities, and mandatory rescue are analyzed. Salvage operations by or under the control of public authorities is private-oriented. Salvage operations under the control of public authorities includes "controlling" and "salvage operations", which separately lead to different legal relations. In the salvage operations carried out by public authorities, the relation between public authorities and the salved is maritime salvage. Public interests and compelling forces make mandatory rescue be public act.Identifying the problems of rescue at sea related to public authorities in academic theories and practice, the improvement should be related to the division of public and private law, the perfection of statues, realizing of mandatory rescue costs in the way of private law, and the use of administrative execution agreement.