A Study On Identification Of The Legal Nature Of The Emergency Disposal Expenses Of Maritime Authorities

After ships oil spill pollution accidents occur,in accordance with the provisions of laws and regulations,the maritime authorities will take emergency disposal actions and result in emergency disposal expenses.Whether in theory or in practice,there is a great controversy about the legal nature of the emergency disposal expenses when the maritime authority claims it against the person responsible for pollution,which affects the compensation for the expenses.Therefore,it is of great significance to clarify the legal nature of the emergency disposal expenses of the maritime authorities.Focusing on the purpose of the emergency disposal operations,the specific contents of the emergency disposal operations are closely linked to the specific circumstances,and the emergency disposal expenses are clearly distinguished from the pollution removal expenses,salvage expenses or wreck removal expenses under different circumstances,so as to serve the maritime administrators.Claims for emergency disposal expenses by the organs provide the correct legal basis and theoretical support,so that the emergency disposal expenses can be fully compensated,the sustainability of maritime emergency disposal actions can be guaranteed,the national interests and social public interests can be better safeguarded,and the marine environment and various marine resources can be better protected.For the identification of the legal nature of the emergency disposal expenses of maritime authorities,the article starts with the concept and scope of the emergency disposal expenses,and explores the elements of the identification of various expenses by clarifying the basic concepts and scope of the pollution removal expenses,the salvage expenses and the wreck removal expenses.Combining with domestic and foreign legislation and relevant judicial precedents,the article explores whether the emergency disposal expenses of different legal nature are superior.The priority of compensation and the limitation of liability are analyzed and discussed.When the emergency disposal expenses of maritime authorities meet the requirements of pollution removal expenses,they should be recognized as pollution removal expenses.The legal nature of pollution removal expenses is discussed.It is proposed that pollution removal expenses should be civil expenses,and its reasons and views are expounded.When the emergency disposal expenses of maritime authorities meet the legal requirements of salvage at sea and the purpose of salvaging ships in distress and other property,they should be recognized as salvage expenses.When the emergency disposal expenses of maritime authorities meet the requirements of wreck removal expenses,they should be recognized as wreck removal expenses,and they does not have priority of compensation and belong to claims excepted from limitation,and the subject of liability can,t invoke the limitation of liability for maritime compensation.According to the provisions of Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Disputes over Compensation for Oil Pollution Damage from Ships,this paper puts forward that the principle of initial purpose and dual purpose should be adhered to,and the emergency disposal expenses of different legal nature should be distinguished from different angles.Finally,combined with the elaboration of the article,the author puts forward some suggestions on the improvement of the legal nature of the maritime authorities' emergency disposal expenses,including the amendment of relevant legislation such as Maritime Code of the People}s Republic of China,Maritime Traffic Safety Law of the Peopled Republic of China,Regulations of the People's Republic of China on the Prevention of Vessel-Induced Sea Pollution,Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Disputes over Compensation for Oil Pollution Damage from Ships,and the establishment and improvement of relevant systems such as the emergency fund system and liability insurance system.