Research On The Pirate Ransom Shares From The Perspective Of General Average

In recent years,with the frequent trade between countries,maritime shipping industry also developed rapidly.However,with the development of maritime shipping,piracy hijacking ships,demanding a large number of ransoms and other events have aroused the common concern of people all over the world.As a legal profession,the increasing number of pirate incidents has caused many controversial issues in public and private law,which is whether pirate ransoms should be included in general average.In theory,many scholars advocate the inclusion of pirate ransoms in general average: in practice,many countries advocate the inclusion of pirate ransoms in general average,but a series of apportion problems after the inclusion of pirate ransoms in general average cannot be solved in practice.This paper first defines pirate ransomware as general average,then analyzes a series of problems faced by pirate ransomware apportionment from the perspective of general average,and finds out the way to solve the apportionment problem,so as to provide reference for theory and practice.This paper starts from the definition of piracy,and starts from the relevant legislation and precedents of Britain and the United States,and then summarizes and analyzes the following factors.Firstly,the occurrence of piracy need not be limited to the high seas,but can occur within the territorial waters of a country.Second,the illegal use of force is required.Finally,the purpose is for private gain,not political.Then analyze the relevant issues of pirate ransoms,starting with its composition and relevant legal provisions,so as to have a full understanding of the basic issues of pirate ransoms.The second part is "qualitative analysis of pirate ransoms as general average",which firstly demonstrates the legality of pirate ransoms,because the legality of pirate ransoms is the premise of its characterization as general average.After analyzing the issue of legality,it is the qualitative analysis of general average of pirate ransoms.The rationality of pirate ransoms as general average is analyzed from the perspectives of the concept and characteristics of general average and the relevant cases in which pirate ransoms are defined as general average settlement in practice.The third part is the analysis of the relevant issues of the apportionment of pirate ransoms from the perspective of general average,and the following problems are summarized: in the apportionment,it is difficult to determine the apportionment party under certain circumstances,the lack of professional average adjustment institutions,the complicated apportionment procedures and a series of other problems.The fourth part puts forward the path analysis to solve these problems.From qualitative formulate unified pirates ransom for after the general average contribution system,establish a professional adjustment of general average,special circumstances should pay off pirates and the perfection of the insurance clauses of China about pirates ransom aspects such as the solution of the specific measures are put forward,hope to the pirate ransom contribution to provide the reference to solve problems.