A Study On The System Of The Maritime Liens On Cargo

The system of maritime liens is one essential part of maritime law, and it plays an important role in protecting the interests of both parties and the party who is in a disadvantageous position. Maritime liens on cargo is an important part of maritime liens aiming at protecting the interests of special claimants including the salvors. In China, there are few works to study this subject deeply and systematically. The author hopes that by researching on legislation of other countries the situation will be changed due to this research work and China's maritime legislation could benefit from it.The dissertation is composed of 6 chapters besides the foreword and the conclusion. Chapter I outlines the maritime liens on cargo system. The author discusses the concept, character, property and origin of the maritime liens on cargo with three sections. Chapter II which is classified as five sections discusses the object, items, priorities, enforcement and the extinction of maritime liens on cargo in detail. Chapter III focus on the relationship between maritime liens on cargo and other conceptions, such as other security rights, maritime liens on ship, possessory lien on cargo and the attachment of cargo carried by ship. Chapter IV summarizes the deficiency of Maritime Code of the People's Republic of China (CMC), and then puts forward suggestion on legislation.By studying the author comes to the conclusion that maritime liens which include maritime liens on cargo are not equal to the maritime liens on ship. Maritime liens on cargo is proclaimed in writing in many countries to protect the interests of special maritime claimants. In China, there are only maritime liens on ship and the possessory lien on cargo regulated in CMC. Special Maritime Procedure Law of the People's Republic of China regulates the procedure in attachment of cargo carried by ships. But the regulations are not enough to protect the legal rights and interests of the parties. So we should set up the system of the maritime liens on cargo to make benefit to thelegislation of the maritime liens system.