Research On The Issues Of Maritime Lien

This dissertation is focus on the maritime lien, which is an important question in the theoretical and practical issue of maritime law.Maritime lien is one of the most characteristic legal institutions of maritime law.It is most disputable area in ship real right system. In China, there are few woks to study this subject analytically and contrastedly. The nature, the character, the object, the items, the enforcement and other theoretical and practical issues of maritime lien should be deeply clarified. This dissertation doesn't only emphasize maritime lien in the Chinese legal system, it doesn't only emphasize the theory either, but deeply contrasted the legislations of different countries and international conventions, the author hopes that the situation will be changed due to this research work and China's maritime legislation could benefit from it.The main researching methods of this dissertation is contrasting and analysising, including the contrasting of regislation of different contries, the issues of the scholars.etc.The first part is the contrasting research of general question of maritime lien. Firstly, Chapter 1 outlines the historical development of the maritime lien, and analysis the nature of the maritime lien with different legal systems, then put forwards that in China's Maritime Code, the maritime lien is an particular real right for security.The second part is the contrasting research of essential systems of maritime lien. This part is composed of three chapters. Chapter 2 fouses on the object of maritime lien. According to the analysis of legislation of different countries and international conventions, put forward that practice is the rule to legislate the object of maritime lien. Chapter 3 expounds maritime lien items.on the basis of analysising several items of maritime lien, elaborates the ranking between cometing maritime liens. Chapter 4 fouses on the enforcement of maritime lien.On the basis of legislation analysising, the author contrsting the enforcement of maritime lien and maritime credit, then the author put forwards that enforcing maritime lien is not the best way for safgurding the right of creditors.The third part is the suggestions on modification of China's Maritime Code. Firstly, the author points out the necessities of modify Chinese Maritime Law, suggest that the range of maritime lien object should be expanded, and the maritime lien items should be redemonstract, and the author put forwards three suggestions on the enforcement of maritime lien.Finally, because I am short of enough knowledge to write the dissertation well, so there will be many drawbacks in this dissertation.