沉船沉物强制打捞清除法律问题分析-analysis on legal issues of forced salvage and removal of sinks and sediments from wrecks.docxVIP

I I II II Abstract In recent years, as human marine activity being frequent increasingly, together with the swift and violent development of international trade, the enormous progress of science and technology, the vessel’s maximization and mechanization as well as goods transforming from simplification to multiplicity, which makes the damage to the navigation security and environment as well as the marine resources being more and more serious, thereof legal issues brought by wreck removal are becoming complicated; what’s more, the expenditures of wreck removal are getting larger and larger. Therefore, compulsory wreck removal becomes a big issue which is disputed and remaining to revolve in the current marine management. This thesis focuses on the compensation of the cost of compulsory wreck removal and implementation of protection mechanism, adopting legal analysis and experience empirical analysis combined together, making the full use of comparative analysis and value analysis with the scientific ways in economic analysis, based on the collection of the materials of pertinent thirties and practices. This paper examines the legal problems concerning compulsory wreck removal which consists of the following four parts: The first part deals with the legal practice of compulsory wreck removal, after the compare of the international convention which takes 2007 Wreck Removal Convention as representation, and the foreign legislation in United States, Britain Canada these western countries, and the related regulation in Chinese legislation, it points out the widespread and existent problem which concentrates on the lack of effective remedy tools of the costs of compulsory wreck removal. The second part mainly examines the legal relations in the compulsory wreck removal. Firstly, discusses the object as one of the three basic elements to the relationship between the three parts——domestic maritime authorities, and responsible subject for compulsory wreck removal, the speci