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在海上活动中,船舶碰撞事件常有发生,海事行政主管机关为了防止沉船威胁公共航行安全及海上生态环境,在相关责任人没有在限定的期限内打捞沉船时,海事行政机关将采取措施对沉船进行强制打捞,打捞之后依照法律规定向沉船打捞义务人收取打捞费用。打捞活动涉及的问题相对复杂,然而现阶段我国在相关方面的立法仍不完善,导致沉船打捞及费用追索成为海事行政部门及其他利益相关者面临的一大难题。如果不能妥善处理好这些问题,一方面,沉船的剩余价值不能得到较好的利用;另一方面,海上航行公共安全及海洋环境将受到威胁。
In maritime activities, the collision of ships often occurs. In order to prevent shipwrecks from threatening the public safety of navigation and the marine ecological environment, the maritime administrative department shall take measures against the wreck when the relevant responsible person fails to salvage the shipwreck within the deadline Carry out compulsory fishing and salvage, and then collect the salvage fee from the shipwreck obligor in accordance with the law. The problems involved in the fishing activities are relatively complicated. However, at present, China’s legislation in the related fields is still not perfect, which has led to the salvage and cost recovery of wrecks and shipments, which has become a major challenge for maritime administrative departments and other stakeholders. If these problems can not be properly handled, on the one hand, the residual value of sunken ships can not be better utilized; on the other hand, the public safety of marine navigation and the marine environment will be threatened.