Perfection Of The Arrest Of Ships In China

Arrest of ships, the most important and typical manner of security of maritime claim, is key for solving the maritime disputes timely and effectively, therefore protecting the legal rights of a maritime applicant. We can find the special section on arrest of ships in the chapter about security of maritime claim in The Special Procedural Law of Maritime Litigation ofPRC and related regulations could also be found in the other chapters.This thesis has made some investigation on the regulations on the system of arrest of ships in the Special Procedural Law of Maritime Litigation ofPRC. It deals with the following issues: range of arrest of ships, multiple arrest, repeated arrest, "living arrest" of ships and security related with the arrest. I emphasize comparison and analysis in my thesis. I apply longitudinal comparison (the comparison with Provisions of the Supreme People's Court ofPRC on Arrest of Ships Prior to Litigation) and transverse comparison (the comparison with The International Convention on the Arrest ofShip!999). According to my analysis and investigation, I find that The Special Procedural Law of Maritime Litigation ofPRC is advisable in referring to many scientific and reasonable regulations from The International Convention on the Arrest ofShip!999. However, I find that some regulations in this law are incompatible with China's law system, which is caused by copying from the international convention without distinguishing. I propose some advices for improvement after some tentative contemplation of the shortcomings of the legislation. Discussions are also given to the problems that are common in the practice of arrest of ships but not regulated in the law. I sincerely hope my analysis can help to perfect the system of arrest of ships of China.