A Jurisprudential Analysis Of Maritime Liens

The origin, development and the historical evolution of the legal system on Maritime Liens, reflects the conflict and the integration between the Conceptual Legal Dogmatics and the Legal Realism. Adopting the method of historical analysis and comparative research, this dissertation analyzes various provisions under the legal system of Maritime Liens in terms of Jurisprudence from the perspective of both theConceptual Legal Dogmatics and the Legal Realism. For the legal system of maritime lines, a theme for many disputations, a jurisprudencial analysis seems very necessary. An analysis from approaches of both Conceptual Legal Dogmatics and the Legal Realism, may very well provide a new viewpoint to solve the issues of maritime liens in both theory and practice.This paper includes8chapters:-The Chapter1is an introduction which clarifies the purpose for choosing this topic, the research background, research contents, research methods, and states briefly main viewpoints under theConceptual Legal Dogmatics and the Legal Realism and the effection thereof;The Chapter2is a historical analysis and jurisprudential analysis on the origin of Maritime Liens, which examines the historical evolution of the Maritime Lien and the different views on the nature of the Maritime Lien under different backgrounds of different countries. The chpater also make clear that the integration of two approaches can be implied from the trend in international legislation on maritimes liens;The Chapter3is a system comparison and jurisprudential analysis on the scope of the Maritime Liens, which analyzes the approaches of absolute enumerated lists and relative enumerated lists, and their jurisprudencial foundation. The chapter also makes an analysis of the development trend of this issue;The Chapter4is a system comparison and jurisprudential analysis on the objects of the Maritime Liens, which explains the ship only concept system and extended ship realism on the objects of the maritime liens. The chapter tries to analyse some special objects, such as freight, insurance compensation, and ships for public affairs, and makes some suggestions to Chinese legislation. The Chapter5is a system comparison and jurisprudential analysis on the ranking of the Maritime Liens, which makes a comparation between different ranking under different jurisprudencial approaches;The Chapter6is a system comparison and jurisprudential analysis on the distinction of Maritime Liens, which makes anylasis of various theories about the distinction of Maritime liens;The Chapter7is a system comparison and jurisprudential analysis on the conflict of laws issues in relation to the Maritime Liens, and makes an analysis of lex fori, lex loci delicti, and the principle of closest connection from the jurisprudencial approaches;The Chapter8is a conclusion, which briefly summarizes the main views of this paper and discusses the development direction of the Maritime Lien.