Research On The Issue Of The Maritime Lien

Maritime lien is an ancient legal regime of maritime law system. But in our country it is a new legal regime. In China, it is comparatively late when the Maritime Code was promulgated. Therefore, the theoretical research of maritime lien is not so mature with the result that it is often misinterpreted in practice, bringing difficulty for judicial uniformity.This Article first discusses the origin, the development and the current situation of maritime lien , and then In connection with international laws and the relevant legal provisions of PRC , demonstrates the nature of maritime lien being a real rights for security. On this basis, the writer comes to the conclusion as to the characteristics of maritimelien; Second, this Article discusses the subject of maritime lien--"ship" ,in this chapter, the writer discuss a several special ship which may be the subject of maritime lien; Third, this Article discusses the items of maritime lien, the order of recovery.in this chapter, the writer discuss the order of recovery between maritime lien , lien and mortgage;Fourth, this Article discusses the cause of the discharge of maritime lien. In this chapter, the writer, combing with a number of cases and the legislation of maritime lien of PRC , presents his own opinion. On the basis above, the writer discuss the relation between exercise of maritime lien and lawsuit, the relation between exercise of maritime lien and arrest of ship.Finally, the writer summarize the whole article and explain the importance of the research of maritime lien system.