残骸打捞清除费用法律问题研究国际法学专业论文.docxVIP

任保险制度更强的灵活性和操作性，但该制度也不可能完美无缺，其缺陷尚待研究发现。 关键词：残骸打捞清除；商业性打捞清除费用；强制性打捞清除费用；保障机制 3 Abstract According to the data of the International Maritime Organization (IMO) of the United Nations, because of lacking of fund, there are about 1300 sunken ships and wreck didnt get effective salvage in the world . Every year, more than 230 ships are sunken for all kinds of accidents in our country. When these debris harm to navigation safety, environmental protection and other relevant interests, it is urgent to clear up the wreckage rapidly, even if the hazards are potentially. It is also urgent to solve the disputes promptly. Regarding to the problems of wreck removal, there is no specific provision in the relevant international conventions, neither nor some domestic legislations, especially concerning the salvage and removal charge. The legal problem about wreck removal charge has become the focus of the divergence of the legislation, including the definition of the cost, the bearing subject of the cost, the legal nature of the cost, the limitation of the liability, the realization of the cost, and the safeguard mechanism of the mandatory removal charge. These problems directly affect the realization of the removal charge, they play a decisive role in the removal of the wreck . Based on the domestic and foreign laws and relevant international conventions related to wreck salvage and removal, combined with the latest research achievements at home and abroad, this article uses the basic theory of civil and the administrative law, and the method of historical analysis, comparative analysis and value analysis and other research methods, then analyses the legal issues on the wreckage salvage and the costs systematically and comprehensively. This thesis is divided into five parts, disregarding the introduction and epilogue. There are about forty thousand words. PartⅠhas an overview on the charge of the wreck removal, firstly, analyses the related concepts of salvage and removal of wreck