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Research in the Legal Problems of Compulsory Wreck Removal

Author: WangLingYan
Tutor: HeXiaoYong
School: East China University of Political Science
Course: Legal
Keywords: Sunken objects Compulsory salvage The main responsibility Compulsory insurance Fund
CLC: D922.29
Type: Master's thesis
Year: 2009
Downloads: 19
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Abstract

With the rapid development of the international shipping industry, sunken objects in the salvage and cleanup this offshore regime has a long history richer. Today, the salvage industry engaged in salvaging sunken objects cleared in accordance with the different divisions of the subject and the rights and obligations of the contents for commercial salvage and cleanup and forced salvage and cleanup. This article to explore sunken objects forced salvage and cleanup is one of the above two types, in the case of loss of commercial value sunken objects, bears the main responsibility of the salvage obligation is not willing to spend huge amounts of money to salvage the be ignored sunken objects caused a huge threat to the safety of navigation and water environmental safety, the competent authorities of the maritime administrative order requiring the main responsibility for the salvage and cleanup or direct to take enforcement salvage measures is quite necessary. Therefore, the theoretical research of sunken objects forced salvage and cleanup system will have important theoretical significance and practical value, both to promote the improvement and reform of maritime legislation, and clear practice of compulsory salvage sunken objects provide an effective legal mechanism to protect the practice of legal issues be resolved smoothly. This paper is divided into four chapters. Chapter parse sunken objects and enforce the legal implications of salvage, introduced legislation overview of the sunken objects forced salvage and cleanup, and this on the basis of the legislation with the Western developed maritime countries legislation research. Chapter II compulsory salvage sunken objects to clear a legal relationship that the main object and content departure investigate forced salvage the legal relationship between the parties involved in the clear. Chapter mandatory nature of salvage and cleanup costs, forced salvage costs of removal can enjoy the limitation of liability and indemnification ranking, and in relation to the costs borne the main responsibility to expand the discussion of multi-angle, focus on controversial issues published The author's insights. Chapter forced salvage and cleanup costs the ways and means to achieve demonstrated the pros and cons, and compulsory liability insurance system and fund system, and ultimately proposed the establishment of sunken objects forced salvage the future costs of removal protection mechanism envisaged. Clear provisions of the current legislation on compulsory salvage sunken objects imperfect, mainly in the legislation lags behind the low level of effectiveness of normative legal documents shall also inconsistencies between different laws and regulations related issues. Sound sunken objects forced salvage the legal system, and gradually with the world, the problems to be solved by the current development of the shipping industry. I hope through this article compulsory salvage sunken objects in the system to clear the legal issues, the attention of the maritime legislators, so as to speed up the pace of China's maritime legislation, more effective protection of water traffic safety, the protection of the marine environment, and to promote the development of the marine economy!

Research in the Legal Problems of Compulsory Wreck Removal

Abstract

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