Theory And Practice Of The Preservation Of Maritime Claims Of China

Acted as a legal concept, the Preservation of Maritime Claims was firstly stipulated in the Special Maritime Procedure Law of the People's Republic of China, which was put in force on July 1, 2000. On the basis of the theory of the Civil Preservation of Properties of China, summarized with the practice experience of arrest of ships and other properties in maritime affairs before the Special Maritime Procedure Law of the People's Republic of China was put in force, the legal system of the Preservation of Maritime Claims of China is the outcome of reference foreign relevant legal system and the provisions of international conventions of arrest of ships. Consequently, the legal system of the Preservation of Maritime Claims of China, which is a kind of unique characteristic preservation system, is not a special style of the legal system of the Civil Preservation of Property. Acted as the core content of the legal system of the Preservation of Maritime Claims of China, the legal system of arrest of ships, which embodies the differences of the Preservation of Maritime Claims, is the emphasis of this thesis researched in.Combined with stipulations of foreign arrest of ships system and international conventions of arrest of ships, on the basis of the compare of differences and relations of the Preservation of Maritime Claims System and Civil Preservation of Property System, this thesis, which mainly recurs to the analysis of relevant stipulations of the Preservation of Maritime Claims in the Special Maritime Procedure Law of the People's Republic of China and its judicial interpretation, try to have a helpful discussion on the content, character and aim of the Preservation of Maritime Claims System. This thesis contains five chapters. In chapter 1, the writer makes a thorough analysis of the construction of the Preservation of Maritime Claims System of China, mainly included basic concepts, the principal and objects of the Preservation of Maritime Claims. In chapter 2, the writer focuses on the character and aim of the Preservation of Maritime Claims System of China. The writer holds the view that based on the differences of ships and shipping operation, the legal system of arrest of ships, which absorbed the relevant content of international conventions of arrest of ships, has already separated from the character of Civil Preservation of Property. The aim of the Preservation of Maritime Claims, which is not to guarantee the favoring and total enforcement of effective verdict of People's Court, is to compel the person against whom the claim is made to provide the security. In chapter 3, the writer emphasizes on the relevant legal issues of legal system of arrest of ships. In chapter 4, the writer briefly discusses the legal system of attachment of cargo, ship's bunkers and provisions. Chapter 5 is the conclusion of this thesis.