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随着人类海洋活动日益频繁,加之船舶的日益大型化、货物形态的多元化,船舶沉没后给航行安全和海洋环境带来的危害越来越大。笔者建议,在沉船沉物现实的危险状态不允许海事主管机关按照传统打捞清除的程序实施时,应允许其采取应急打捞清除措施。文章分析创设沉船沉物应急打捞制度的必要性和可行性,并对采取应急打捞制度所需具备的实体要件及程序要件进行探讨。期望为沉船沉物应急打捞制度的建立提供理论支持。
With the increasingly frequent human activities in the oceans and seas, as well as the increasing size of vessels and the diversification of cargo shapes, the damage to navigation safety and the marine environment brought by the ship after its sinking has become increasingly serious. The author suggests that when the dangerous situation of sinking sediment does not allow the competent maritime administration to carry out the procedure according to the traditional salvage, it should be allowed to take emergency salvage and removal measures. The article analyzes the necessity and feasibility of creating emergency salvage system for sunken ship and sunburden, and discusses the necessary physical and procedural requirements for emergency salvage system. It is expected to provide theoretical support for the establishment of emergency salvage system for sunken and sunk objects.