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针对近年来海盗劫持船舶现象对国际航运安全所造成的严重威胁,由船东支付赎金换取船货获释成为了当前为应对海盗行为、保障船货安全所采取的最不得已但同时也是最行之有效的通行措施。由于支付赎金是船东在其应尽的法定义务之外所遭受的损失,因此基于对船东利益的保护,由船货双方分摊海盗赎金成为了航运实务发展的趋势;而船货双方分摊海盗赎金的理论依据则在于海盗赎金的法律性质应当被定性为共同海损。
In view of the grave threat posed by the phenomenon of pirate ship hijacking to the international shipping security in recent years, the payment of the ransom by the shipowner in exchange for the release of the cargo ship has become the most unavoidable but also the most effective one in the current handling of piracy and cargo security The passage of the measures. Since the payment of a ransom is a loss suffered by the shipowner in addition to its due legal obligation, the sharing of pirate ransom by both cargoes and cargoes has become a trend in the development of shipping practice based on the protection of the shipowner’s interests. However, The rationale for the ransom is that the legal nature of the ransom of pirates should be characterized as a general average.