Zhang Xiaoyan, Law School
Abstract: The sea life aid system is a special system of the Maritime Law. The purpose of its establishment is to encourage people to do their best to provide assistance to the people in distress at sea. China’s Regulations on Search and Rescue of Life at Sea clearly stipulates that human life is given priority over property and environmental assistance. It can be seen that the legal status of the life-saving system at sea in the framework of the salvage system is becoming more and more important. However, currently China’s law does not clearly stipulate that human rescuers have the right to receive salvage payments independently. In practice, the remuneration obtained is more dependent on the rescue value of property and environmental assistance. This is not only against the principle of fairness and justice, but also The purpose of enacting legislation to encourage life-saving assistance. In recent years, this issue has triggered the attention and discussion of many experts and scholars as well as the public.
In view of this, from the perspective of academic research, this paper proposes its own suggestions and propositions for the problems existing in the theoretical and practical operation of the salvage and reward system at sea in order to contribute to the construction of China's salvage compensation system at sea. This article discusses from the following four sections:
The first part is an overview of the right to request compensation for salvage at sea. Starting from the meaning and characteristics of the right to request salvage rewards, and by delineating the legal attributes of the right to salvage rewards and other salvage claims, it compares the legal provisions of various countries(regions) and international conventions, and incorporates relevant experts and scholars Different positions of scholarship discussed and analyzed the origins and deficiencies of China's current life support system at sea.
In the second part, the conditions for the independent salvage payments for rescuers at sea are applicable. In the practice of receiving salvage rewards for life-saving aids, the applicable conditions include not only the general conditions in which human lives are in danger, the salvation of volunteers, and the fact that the salvation of human lives does not necessarily require actual results, but also that human rescuers should at least do so. The prudence, transfer to a safe place, cooperation, and other obligatory conditions, in violation of such obligatory conditions, will not only result in the loss or reduction of III salvage rewards. Those who cause serious consequences must even bear legal responsibilities.
In the third part, the main body of payment and the amount of compensation for salvage payments at sea. Through the analysis of the UK commercial maritime transport fund model and the theory of "responsibility assistance", this paper discusses the main body of salvage payments under the valve of China's Maritime Law. The salvage cost, risk-taking bonuses and other relevant factors are used as reference items for determining the specific amount of salvage payments for human life. Ultimately, preemptive payment procedures and litigation procedures are used to guarantee the realization of the right to request salvage payments.
In the fourth part, the system construction of China's life support request for salvage at sea. Legally recognizing the rights and priorities for independent remuneration of human rescuers lays a solid theoretical foundation for the establishment of a life-saving payment system. Supplemented by related supporting measures to expand the form of payment for salvage payments, establish a maritime medical assistance system, and set up a life support fund at sea to further improve the compensation system for salvage at sea. Strengthen the connection with liability insurance and shipowners' mutual protection associations, and provide adequate financial protection for the payment of salvage payments.
Read the full article here:
海上人命救助报酬请求权的法律问题研究.pdf
