Study On Maritime Lien

Maritime lien is a special system in the field of maritime law. It is very important to the development of world shipping industry. The study of the system is of great significance for a better learning of related theoretical knowledge.As we all know, the ship mainly serves for the international trade, so it is extremely foreign and international. Due to the different legislature in each country, the judgment in different country is often in conflict. To promote the development of international shipping, the international community has been committed to reunification of maritime lien since the 19^th century, and has adopted the 1926 Convention, the 1967 Convention and the 1993 Convention. China promulgated the "maritime law" later; the theoretical study of maritime lien is not yet ripe. There is often a discrepancy in practice. It takes troubles for the reunification of justice. These problems arise because the misunderstanding of our academia and the judicial system to "Lien", which is a legal system in common law. This misunderstanding leads to the miscomprehension of maritime lien.This paper studies maritime lien, based on China's maritime law, international maritime conventions and national laws of famous shipping countries. The author uses comparative research methods and tries to find out the history of maritime lien, and to correct the description of the so-called maritime liens. So the author can clarify the nature of maritime lien from a new perspective. And then do some research on systems related to maritime lien. Chapter 1 first gives the right name to maritime lien in Chinese with comparative analysis, and points out the mistake of the traditional title "ship priority". Through its name to further clarify the legal nature as security interests. Chapter 2 analyzes maritime claims secured by maritime lien with comparative analysis, and through the study of the provisions of international conventions and the regulations of national laws, points out the trend of its development. Chapter3 focuses on the ranking problem of maritime claims secured by maritime lien, and corrects the statement of the priority projects in this part, and does theoretical study of priority between maritime claims; when maritime lien competes with other security interests, which one should be preferred. To compensate for the limitation of maritime lien, the author considers setting up the maritime lien disclosure system. Chapter 4 compares the enforcement of maritime lien between the common law and civil law, and then elaborates the extinction of maritime lien.