| Strictly speaking,Employment salvage is not a legal concept,but a term that has long been used habitually.In the field of maritime salvage,it is still impossible to form a unified conclusion that employment salvage is a form of contract salvage or an independent form of maritime salvage separated from pure salvage and contract salvage.At the same time,due to there is no clear stipulation of employment salvage in the Chinese law,and lack of international completely corresponding to the relevant system construction,about employment salvage whether belong to the category of traditional maritime law in the sense of salvage,can salvage contract for the international convention on salvage 1989(hereinafter referred to as the salvage convention)and the related provisions of "maritime law" be used still have considerable controversial in academic circles.In this paper,the ministry of transport in the south China sea rescue bureau su Archangelos lnvestments E.N.E as the foundation,analyzing the focus of controversy on the case of first instance,second instance and retrial court verdict of the case,this paper studies the employment assistance properties of acknowledgment and applicable law and employment under the salvage reward problem determination.At the same time,the article discusses the application of employment salvage in China’s law environment based on the current situation of China’s maritime law and relevant international legislation and judicial practice.This paper is divided into five parts:The first part outlines the basic situation of the case.This part mainly introduces the basic facts and development process of the case of the south China sea salvage bureau of the ministry of transport v.Archangelos lnvestments E.N.E and the Shanghai representative office of Hong Kong andaolsen co.,LTD.The second,third and fourth parts are the focus of the case and its legal analysis.On the premise that the contract involved in this case is an employment salvage contract,the relevant conclusion of its legal application is drawn by comparing different views on whether the employment salvage contract belongs to the category of maritime salvage contract.At the same time,on this basis further explore the employment contract involved in the case of the determination of salvage remuneration.The fifth part is the re-analysis and enlightenment of this case.This part will elaborate the rationality of the judgment of the Supreme Court from the perspective of value balance according to the situation of the case and relevant theoretical knowledge,and draw enlightenment for China through the analysis of the relationship between employment assistance and other closely related maritime system. |
