The Legal Questions Of The Arrest Of Seagoing Ships Research

The purpose of this dissertation is to discuss the questions Of the arrest of .seagoing ships in, practice . It based on international convention and civil law of China, the dissertation inquire into such questions as following: (l)Active arrest, mainly discuss it's fairness to creditor, duplication arrest, etc. The writer think at first it's necessary to restrict the conditions and scope of using "active arrest" and law should allow duplication arrest to protect the other creditors, that's fair. (2) The site of the operator of ship in law .(3) the jurisdiction of the court. It's about the scope of place of arrest seagoing ships. The writer think the "forum shopping" must be restricted and extend the scope of the place (4) Error arrest and anti-guarantee. The writer think the law must statue the principle and conditions of tendering guarantee, then the amount and time must be determine reasonably and rapidly. (5) relevance corporation and Piercing the corporation veil. The writer think under some conditions it's possibly to disregard the corporate personality to protect the interests of the conditors. It will be good to the perfection of the legalsystem of arrest ships ,and will protect the rights and interests of creditor, and not to unfair to debtor.