The Research On Lien Right Of Shipping Carriage

With the development of the carriage of trading goods by sea, the corporations concentrating on goods carriage by sea are growing and developing fast. To protect the benefits of carriers and maximize their profits, as one of important protecting tights, the lien right they have in the process of shipping is becoming more and more significant today. At the same time, because in shipping processes the ownership of goods is transferring among different sellers and buyers faster and faster, it makes serious trouble that it is becoming more and more difficult and challenging on confirming this right. Given this fact, it is necessary for people to begin to discuss the lien right of shipping carriers as quickly as they can. On the basis of this consideration, this paper is to analyze this legal mechanism by comparing different legal rules about the lien right of shipping carriers designed by major countries all over the world to figure out both their different and similar characteristics in order to provide precious suggestions for the development of setting laws in China.The content is divided into six parts:Introduction, Common Lien, The Lien Right in Shipping Carriage, The Analysis of the Lien Right in Shipping Carriage, The Discussion of the Lien Right in Shipping Carriage, The Practice of the Lien Right in Shipping Carriage. The starting point of the paper is the mention of Common Lien. Then it concentrates on the Lien Right in Shipping Carriage. Further the typical case is described in the end. In each specific part, from concept to analysis, the content is becoming details further and further. The methods of researching materials and comparing among distinguishing legal systems in different countries and districts are used to clearly list specific rules on the shipping lien right. Simultaneously, the principles of Economics and the ideas of legal science are combined in this paper, by which the legal mechanism is measured with market value.The basic frame of this paper is:Concepts---Rules---Analysis---Mechanism---Practical Case. This clear and logic structure is one of highlights of this paper. And, in this paper, theories and practices are combined together. So it makes the legal mechanism vivid. Of course, the combination between law and economics is raising the persuasive power of this paper.