On Balancing The Conflict With The Effectiveness Of Maritime Lien

In order to encourage external trading and promote the development of shipping industry, maritime lien is framed in the international conventions and the maritime law of different countries. Maritime lien is a special system in the maritime law, to develop maritime transportation industry, it is set up legally as a special form of priority, in adjusting the relationship of the maritime property. It's a key to increase the value of the ship and to make the ship safe. On the study of maritime lien system, the most important task is how to solve the conflict with the effectiveness of maritime lien. The conflict is mainly related to the internal conflict between the maritime liens, the conflict with the effectiveness between maritime lien and ship mortgages, the conflict on the effectiveness between the ship builder's and the repairer's possessory lien on vessels and maritime lien ,and the conflict with the effectiveness between maritime lien and the pledge on the vessels. To balance the conflict with the effectiveness of maritime lien, the scholars have varies standpoints, and in different countries, the ways to balance it are various, too. In our country , there is little comprehensive study on the conflict.By analyzing the International Conventions and the legislation in different countries, the public policy principle should have been applied first of all, then the"first in time, last in right"principle and the equal status principle.Among the three projects on solving the conflict with the effectiveness between maritime lien and ship mortgages, maritime lien mustn't be abolished, owing to unable to make up the defectiveness of being lack of presenting, cutting down the items of maritime lien can't solving the conflict radically; Besides, the project on making the maritime lien information in public is also of effectiveness. In order to solve the conflict with the effectiveness between maritime lien and ship mortgages radically, making the maritime lien information in public system should be set up more perfectly.Through the analysis of the relationship between the ship after-increment and the range of the maritime lien's effect, it's more reasonable for the ship builders and the repairers to be compensated on the ship after-increment.it's certain that pledge can be set up on the vessels according to the civil law. When the effectiveness between maritime lien and the pledge on the vessel creates conflict, in the common, maritime lien should be compensate firstly, and have precedence over the pledge. However, if maritime lien is not enregistered, its effectiveness can't counterplead the pledge set up afterward.