Research On The Issues Of Maritime Lien

Maritime lien system is one of the most characteristic systems in maritime law. It is not the core system but the most controversial system. But In China, the monograph which systematic research maritime lien system is very rare. So the author is willing to do some favour on the futher study by introudcing and comparing various foreign theories and legislations.The paper can be divided into 4 paragraphs. The first is a general introduce of the thesis including of the origin and original intention of the maritime lien system and then the development of it. In this paragraph, the author introduces the main legislation models and doctrins concerning it.The second paragraph is about the definations and legal characters of the Maritime lien system.The first, the author point out why we shall clearify the attribution of maritime lien system which is significant to the jurisdiction and application of law. The second, the author specify controversies among the attribution of maritime lien system as well as analysis these controversies. At last, the author provides his own conclusion which means that maritime lien system is a kind of real right for security and approve the viewpoint through seven aspects.The third paragraph is about the impact to maritime lien system in the circumstance of bankrupatcy. There are three factors considered by the author in this part which include bankruptcy liquidation, corporate reorganization and bankruptcy conciliation. Except that, the paper analyses the influnence of external bankrupacy on persons holding maritime lien. In the end of this paragraphy, the author give some suggests on the protection of persons holding maritime lien in the circumastances of bankrupacy.In the last part, the paper discusses whether the lessees are entitled to maritime lien after the payment of salaries in time charter and voyage charter. In the author's opinion, the answers are depending. There are three different circumastances and coherently exists three different results. To resolve the issue, the author analyses different circumastances through theoretical basics, the intentions of legislations and operabilities and get conclusions respectively.