海难救助与共同海损制度之比较分析.pdfVIP

A b stra ct T h is paper con sists of five chapters. B ased on legal practices, the author ten d s to launch a com parative research in th is pap er on the tw o legal system s of m aritim e salvage and general average，either of w h ich dates back to ancient tim es, an d to put forw ard advice on the p erfection of th ese tw o sy stem s in the future. A part from the introductory paragraph, th is article begins the first chapter w ith a brief introduction theoretically on con cepts of m aritim e salvage an d general average. It tries to present readers a brief p icture of the tw o system s m aritim e salvage. T he second chapter introduces th e theoretical com m on po ints an d departing p oints of th e tw o system s m aritim e salvage，and has the further analysis on part of th e key points, as w ell as presents understan dings of the w riter. In the th ird chapter, based on the theoretical an alysis in the first tw o chapters，the w riter chooses tw o popu lar practical m arine top ics, w h ich are m arine in suran ce an d p irates. B y app lying the tw o system s into these top ics, the w riter tries to draw a v iv id p icture of the tw o system s and at the sam e tim e to put forw ard the w riters critical th ink ing m aritim e salvage. A s one of the m ost im portant part of th is paper，the fourth chapter, the w riter analyses the tren ds of the system s m aritim e salvage the future, points out the deficiencies in th e tw o sy stem s aforem entioned, and gives th e advices of p erfection . It is notew orthy that th is paper m ain ly m ak es references to C h inese m aritim e law ， relevant International Treaties an d International Practices. T he h ierarchy of th ese law s are app lied in accordance w ith A rticle 267 of C h inese M aritim e C ode. If an y International Treaty concluded or acceded to by the P eoples R epub li