论文部分内容阅读
首先,运用法理学、行政法基础理论论证设立应急打捞清除法律法规是必要的,并以行政法基本原则为指引,探讨实施应急打捞清除的程序。其次,对应急打捞清除的后果进行了系统、深入的研究,主要从海事管理机构委托打捞机构实施应急打捞清除的定性、费用的流转阶段、性质以及费用的实现方式等方面进行分析。最后,提出完善《沉船沉物打捞清除管理条例(征求意见稿)》的具体建议。
First of all, it is necessary to establish laws and regulations of emergency recovery and salvage by using the jurisprudence and the basic theory of administrative law. With the guidance of the basic principles of administrative law, the procedure of implementing emergency rescue and salvaging is discussed. Secondly, the consequences of emergency rescue and salvage were systematically and deeply studied, mainly from the aspects of the nature of the entrusted salvage agency to carry out the salvage and removal of the emergency salvage, the stage and nature of the cost of the salvage, and the way to realize the cost. Finally, put forward specific suggestions on how to improve the Regulations on Salvage and Removal of Shipwreck and Sediment (Draft for Soliciting Opinions).