沉船沉物强制打捞清除的私法解读

The nature of compulsory wreck removal from view of private law

海域和航道所有权既是公法上的所有权,也是民法上的所有权。沉船沉物强制打捞清除在私法原理上是物权法上排除妨害、妨害防止这种物权请求权的行使过程。海事行政主管机关基于对社会公共利益的保护,行使行政权责令责任人打捞清除沉船沉物。

The ownership of sea and fairway are the ownership not only under public law but also under civil law. Compulsory wreck removal is an exertion course of a real claim of removal of interference in ownership, prevention against such interference from view of private law theory. Only base upon for protecting the public interests, the Maritime Administrative Authority orders the responsible person to remove the wreck by using administrative power.