A Research On Maritime Enforcement Order Legal System

The system of Maritime Enforcement Order, which is the collective crystallization of our country's lawyers, is an article of litigation law institution that is established upon Maritime Litigation Special Procedures Law. As a litigation law institution originated in our country, the theories of the system of Maritime Enforce Order still leaves many blanks to be filled in, which will definitely block its applications in practice. With an extensive of reference to the related theories and materials on litigation law system, this paper has made systematic statement on the background upon which the Maritime Enforcement Order was established, its theoretical basis and the analysis of the results of comparisons on the related litigation laws home and abroad, so as to make Maritime Enforcement Order Institution more clear and explicit. In the process of expounding my points, my main referring law systems are the Preservation of Property Institution in our country's civil litigation law; Preliminary Execution Institution; Mareva Injunction belonging to the British and American genealogy of laws and the Temporary Deposal Institution of continental law system. The paper has also dealt certain analysis on the nature of Maritime Enforcement Order, and has concluded that its nature is act preservation. Meanwhile Maritime Enforcement Order Institution, which is newly established, has not been testified in practice, in it there are many shortages which block its appropriateness and theory development, thus rectification opinions and discussions of its shortages are put forward in the paper. My paper here is just as the saying goes: " throw out a brick to attract a jade" and my aim is to further the development of Maritime Enforcement Order.