主管机关海难救助法律行为研究

Study on salvage acts conducted by the public authorities

主管机关介入海难救助活动已成为海事实践的一大趋势,而对主管机关海难救助法律行为的性质及其救助报酬请求权,学界一直存在争议。要全面把握这一问题,应平等地关注其中的公私法因素。为此,将主管机关的海难救助行为区分为从事行为与控制行为,结合海商法理论与行政法理论,详细阐述了主管机关海难救助法律行为的性质及其对主管机关海难救助报酬请求权的影响。

Intervention of public authorities in salvage at sea has been a trend of maritime practice. However, there has always been debates on the nature of the salvage acts conducted by the public authorities and their right to claim salvage award. The public and private factors therein should be paid equal attention. This article, therefore, distinguishes the salvage operations by and under the control of public authorities, and analyzes the nature of the salvage acts conducted by the public authorities and its influence on the public authorities＇ right to claim salvage award.