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中国现行法律体系下,海难救助和海上打捞清除分别规定在不同部门法中。首先以比较研究等方法对海难救助和海上打捞清除活动的私法关系进行比较,并对有关公法规范进行全面梳理,在此基础上,认为区分强制性打捞清除和强制救助的意义主要在于解决私法上的法律适用问题,但从公法行政法上看,强制海难救助和强制性打捞清除措施在目标和实施程序等方面均具有趋同性,二者区分并无必要。
Under China’s current legal system, salvage and maritime salvage are separately stipulated in different sectoral laws. First of all, this paper compares the relationship between private law of salvage and maritime salvage and removal activities by means of comparative study, and makes a comprehensive review of relevant public law norms. On this basis, it is considered that the significance of distinguishing between forced salvage and forced salvage lies in the solution of private law However, from the point of view of the administrative law of public law, the compulsory salvage and compulsory salvage and removal measures are similar in both the goal and the implementation procedure, and the distinction between the two is unnecessary.