A Study On Employment Salvage

On august 12,2011 Gabriel ran into marine perils.5 years later,on July 7,2016 the Supreme People’s court decided to retry the Gabriel lawsuit and verdicted in court.Because the case contains factors concerning foreign affairs and law application conflicts,it is disputed widely.After drawing a summary of the first instance,second instance,retrial and the various viewpoints of the academic community,this paper tries to make an analysis of the nature and legal application of employment salvage.This paper first tries to explore the etymology of employment salvage,and the conclusion is that employment salvage is not a legal term which can be applied directly in China.Then,this paper studies employment and salvage separately,and finds that the two terms can not be integrated well.After a systematic analysis of domestic marine laws and Salvage Convention,we will agree with the judgement made by the Supreme People’s Court even under the condition that Salvage Convention should be applied first.But at this time,employment salvage is equivalent to a common employment,and is not much associated with salvage,and the remuneration should also not be characterized as salvage reward" Finally,on the basis of the previous article,this paper summarizes the influence of employment salvage on the close system of other relations.