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随着近年来海盗劫持船舶现象的日益频发,由船东支付赎金换取船货获释以应对海盗行为、保障船货安全,并由船货双方分摊海盗赎金以加强对船东利益的保护,成为了当前航运实践发展的趋势。然而,支付海盗赎金行为的合法性以及海盗赎金的法律性质等问题在理论上仍存在争议,故有必要以解决上述问题为基础为船货双方分摊海盗赎金的航运实践提供法律依据。对此,应当明确支付海盗赎金为合法行为,且海盗赎金并不构成海难救助的救助费用。
With the increasing frequency of pirate ship hijacking in recent years, the shipowners paid their ransoms in exchange for the release of cargoes in response to acts of piracy in order to protect the safety of cargoes and to share the ransom of pirates by both cargoes to strengthen the protection of the interests of shipowners. As a result, The current development trend of shipping practice. However, the legitimacy of paying pirate ransom and the legal nature of pirate ransom are still controversial in theory. Therefore, it is necessary to provide a legal basis for the shipping practice of sharing pirate ransom on both sides based on the solution to the above problems. In this regard, piracy ransom should be paid explicitly for legal acts, and ransom of pirates does not constitute salvage aid for salvage.