海事主管机关海难救助报酬请求权研究

在海运贸易日益发达的今天,海难发生概率增加,海事主管机关进行海难救助的次数也随之增加,但海事主管机关的报酬问题始终未能规范解决。从相关海事主管机关入手,提出其主体地位的特殊性,明确海事机关参与海难救助的性质,从而考量其实现报酬请求权可能遇到的阻碍,确定其请求物质报酬的衡量标准。据此提出对现行《海商法》相关条款的修改建议,以期用法律手段来对海事主管机关海难救助报酬请求权进行规制。

Analysis on request right of compensation of maritime salvage by maritime authorities

Maritime trade is becoming more and more developed, the possibility of peril is getting bigger, and the maritime salvage by maritime authorities is increasing. But the issues of compensation for maritime authorities have not been solved properly yet. Started from maritime authorities, the specific characteristics of its subject status is proposed, the nature of maritime authorities participating maritime salvage is clarified, so as to evaluate what obstacles the maritime authorities may meet when realizing its request right of compensation, and confirm the evaluating standard of its request of material compensation. According to it, revising suggestions of related clauses of Maritime Law are proposed, in order to regulate the request right of compensation of maritime salvage by maritime authorities with legal measures.