The Research On The Legal Systems Of The Ownership Of Ship

The ownership of ship is the basis and the key element of the real right in ship, which bears the general attributes of property ownership and also some specific features. Restricted by the development of the property legislation and the theory concerned, the status quo of the Chinese ship's ownership theory is underdeveloped with incomplete legislation, some important theories have vague realizations which brings about the disagreements in maritime legal practice and shipping practice. The thesis studies the ownership of ship from the aspect of legal system. On the basis of the particularity of the ownership of ship and the unity of the Law of Property Rights system, the thesis explores and analyses the existing theoretical and practical problems in the system of ownership of ship, for the purpose of offering some theoretical basis and reference to the navigation and maritime judicatory practice in the process of establishing the system of ownership of ship which is in accordance to the system of real right law system and the perfection of the legislation of ownership of ship in China.This thesis is divided into seven chapters. Chapter One analyzes the composition of ship ownership, puts forward the defining elements of ships and the criterion of owners, and tries to construct the idea of holding the ownership by state-owned shipping companies based on the fact that ships of China's shipping companies are often detained abroad without any fine reason.Chapter Two analyses the legislature mode of the shift to China's ownership of ship. After exploring the theoretical and practical problems to shift mode with the consideration of the elements of economics, the tradition of registry of the ownership of ship, and the transaction security of ship and the present situation of the binary legislature mode of the ownership of ship, the thesis suggests a systematic legislature mode of the shift to the ownership.Chapter Three does a research on the specific configuration of the shift to the ownership of ship, putting forward a legislature suggestion on the ship's acquisition by good faith, ownership of sank ships and ship without legal owner.Chapter Four studies the procedural registry of ownership of ship, distinguishing ship registry from ship ownership registry and exploring the plan and construct of establishing a complete registry procedure of the ownership of ship. The chapter also puts forward some editing suggestions to the Statute of Ship Registry.Chapter Five suggests a general criterion for restricting the ownership by public law, i.e.abiding by rigidly the law and formality, specifically analyses the limitedness and effect that ship confiscation, compulsory removal and rejection, and auction by courts have on the ship's owner, and the interests of other ship owners.Chapter Six explores the ship's ownership while under its construction and gives analysis to the composition, disadvantages and advantages of ownership of ship of flags of convenience, putting forward to the three states of ships: in construction, constructed and the hand-over ones, with different legal attributes and property rights attributes respectively.Chapter Seven analyses the arrangements, advantages and disadvantages of ownership of ship of flags of convenience. And finally the thesis advances the corresponding measures that China's shipping companies should take for the purpose of a better utilization.