Study Of The Legal System For The Protection Of Maritime Search And Rescue Volunteers In China

As an important part of the social rescue force,maritime search and rescue volunteers play an important role in maritime search and rescue operations because of their large number,wide coverage and flexibility.The risky nature of maritime search and rescue operations makes maritime search and rescue volunteers face the risk of personal injury,property damage and liability for causing damage to others when participating in the operation.However,due to the current Chinese legislation on marine search and rescue volunteers infringement of the rights of third parties liability provisions are unclear,the lack of compensation mechanism,the scope and strength of the incentive mechanism is small,the loss of marine search and rescue volunteers can not provide timely and effective compensation,resulting in marine search and rescue volunteers engaged in marine search and rescue operations to reduce the enthusiasm,thus hindering the construction of marine search and rescue volunteer team.A perfect legal system is an important way to protect the rights and interests of maritime search and rescue volunteers and strengthen the construction of the maritime search and rescue volunteer team.In order to improve the legal protection system for maritime search and rescue volunteers,the first step should be to sort out the basic issues related to maritime search and rescue volunteers,to clarify what is maritime search and rescue,the meaning of volunteers and the concept of maritime search and rescue volunteers,to clarify the legal relationship between maritime search and rescue volunteers and maritime search and rescue voluntary organizations,national maritime search and rescue authorities and volunteer service objects,to lay the foundation for the next analysis.Analyze the shortcomings of the existing legislation on maritime search and rescue volunteers to provide specific direction for the construction of a legal protection system for maritime search and rescue volunteers.Maritime search and rescue volunteers,because they are in line with the concept of emergency volunteers,and at the same time engaged in the special volunteer activities of maritime search and rescue,are subject to the joint adjustment of volunteer service laws and maritime search and rescue-related laws.By combing through the relevant legislation found that China’s legislation on the lack of national volunteerism legislation,the legislative content is too principled problem.The overly principled content of the legislation has led to the unclear status of maritime search and rescue volunteers,the rights,obligations and responsibilities are not specific enough,and there is no reasonable and effective mechanism to compensate for the losses of maritime search and rescue volunteers.The following two solutions are proposed to address the problems in the legislation on marine search and rescue volunteers.First,the tort liability of marine search and rescue volunteers should be improved to assume and exempt the system.Therefore,by adding a special chapter on the protection of volunteers’ rights and interests in the Regulations on Volunteer Services or formulating a special law on marine search and rescue,we should clarify the principles of attribution of liability for the tort of marine search and rescue volunteers,improve the social responsibility system for tort liability,establish a tort compensation fund,and improve the liability insurance system.Fund,and improve the liability insurance system,so as to achieve the purpose of exempting marine search and rescue volunteers from tort liability,reducing the economic pressure of marine search and rescue volunteer organizations and ensuring that third parties receive adequate compensation.Second,improve the compensation system for marine search and rescue volunteers.Taking the theoretical basis and legal basis of the compensation system for marine search and rescue volunteers as the starting point,the principles and scope of compensation for marine search and rescue volunteers are determined,and it is recommended that the compensation system for marine search and rescue volunteers be improved in three aspects,namely,clarifying the provisions of the compensation procedure for marine search and rescue volunteers,establishing a special fund for compensation and improving the compensation and relief mechanism,so as to finally achieve the purpose of comprehensively protecting the rights and interests of marine search and rescue volunteers.