A Study On Relevant Problems For The Procedure Of The Limitation Of Liability For Maritime Claims

The procedure of limitation of liability for maritime claims is a special procedure that protect the rights of the shipowner, operator, charter, salvor, insurer. Now in china as to the procedure of limitation of liability there are just two chapters provided in the special maritime procedure law of P.RC.and the Supreme Court in 2003 and 2010 made two judicial explanations. In chapter IX of the special maritime procedure law of P.RC, has provided the procedure for constitution of limitation fund for maritime claims. In chapter X has provided the procedure for registration and repayment of debts. On the process of learning and studying this subject, I still feel that it is necessary to perfect further.Aiming at the stipulation in the procedure of limitation of liability for maritime claims in china,this essay put forward the solutions to the existing problems by the introduction of the legislative situation of the procedure of limitation of liability for maritime claims in china,the writer analyses the problem by the introduction of the legislative situation of the procedure of limitation of liability for maritime claims of international convention, the stipulation of civil law and common law, the concept and the relationship between the procedure of limitation of liability for maritime claims and the limitation of liability for maritime claims,the nature of the limitation of liability for maritime claims,the relationship between the procedure of limitation of liability for maritime claims and the limitation fund,the similarities and the differences between the procedure of limitation of liability for maritime claims and the procedure of bankruptcy particularly put forward the procedure for the non-fund responsible person to invoke the applicable limitation fund and at last put forward the improvement advice of completing the process of Limitation of liability for maritime claims.