| Maritime lien is a special legal system in the maritime law and occupies an important position. In order to accelerate the development of nation's shipping industry,Various countries have generally set up the system of maritime lien.At the same time,because of different historical backgrounds, each country may has various theories and practices on the system of maritime lien,which causes a severe conflict with the state of ever closer maritime trade.For our countries,,Maritime Law was enacted later than most nations,which results in theoretical immaturity in the field and controversy in practice.By comparing with the international conventions and the related laws of those major marine countries,this article analyzes the system of maritime liens in China and comes up with proposals on amending the legislation. In this dissertation there are several parts for researching the maritime lien as following:The first chapter is an overview of maritime liens and introduces the origin, concepts, characteristics, nature of maritime liens and the value of the system. In this chapter,by comparing with the relevant international laws, the writer demonstrates that the maritime lien in our legal system should be characterized as one of secured property right.A suggestion is therefore made that the system of privilege should be established in the property law so that the nature of maritime lien can be made clear in the legislation.The second chapter discusses the object of maritime lien. This chapter firstly makes a comparative study of legislation governing items of maritime liens in conventions and some states, then points out that we should widen the scope of maritime lien object in china in order to perfect our maritime lien legal system and promote the development of sea commence.The third chapter discusses the item of maritime lien. This chapter first makes a comparative study of legislation governing items of maritime liens in conventions and some states, to sum up characteristics of maritime lien items in worldwide legislation and analyze the trend of international legislation; then analyzes item by item relevant legislation and application of provisions in the Maritime Code of PRC and advises the claim for wreck removal and the master's disbursement should be acknowledged as maritime lien items;finally analyzes several maritime liens items of the Maritime Code of PRC in the understanding and application of practice.The fourth chapter discusses the effectiveness of maritime lien. In this part the most important aim is to eliminate the conflict with the effectiveness of maritime lien. The conflict includes the internal conflict between maritime liens, the conflict between maritime liens and ship mortgages, and the conflict between maritime liens and the possessory liens on ship. On the internal conflict, the international conventions and the related laws of those major marine countries generally apply the public policy principle, the "first in time, last in right" principle and the equal status principle.Scholars have put forward three major programs for solving the conflict with the effectiveness between maritime lien and ship mortgages.By analyzing, this paper argues that the three projects all have shortcomings.For solving the conflict between maritime liens and ship mortgages radically, information disclosure system of maritime lien should be set up more perfectly. On solving the conflict with the effectiveness between the possessory lien on ship and maritime lien, generally, it is provided that the possessory lien on ship should be paid after maritime lien in domestic and international law. But, some scholars argue that this method is not perfect.The author refutes their views.In the last part, the author summarizes the whole paper and explains the importance on researching the system of maritime lien.
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