Study On The Object Of Maritime Lien

Maritime lien is a special legal system which based on either social, economic, and humanistic reason or mutual benefit and equity rules. Giving special protect to the legal preferred creditor is the legislative goal. A favorable maritime lien legal system can not only maintain justice for the weak, but also ensure the safety of shipping. The object of maritime lien covers all the properties could be paid to the legal preferred creditor according to law. And the status of object is vitally important among the system. It's the target of all claims. It guarantees the interest for the legal preferred creditor, and it partitions off the interest scope with the other creditors. Whether the regulations of maritime lien object is perfect or not, will not only concern to preferred creditor, but also concern to mortgager, and other common creditors.Since the damages secured by maritime lien were aroused by certain sea properties, and only these sea properties benefit through this. So the scope of maritime lien object should be limited on these properties which caused the claims on the sea. Which sea properties should be covered under the maritime lien object? It greatly differs on different countries and on the three international conventions.Comparatively, 1926 convention was a fuller one on the case of maritime lien object which includes vessel, freight and accessories. The object of maritime lien was limited on vessel both on 1967 convention and on 1993 convention. But all of them are not fully supported because there are few countries signed as official covenanters. The unpopularity is largely based on the illogical motive that the three international conventions were always trying very hard to improve mortgager's interest by cutting down maritime liens. Naturally these regulations contradict with the rationality of maritime liens and the needs of most countries.The comparison of maritime lien legal system between the English-American legal family and the Continent legal family clearly shows the great respect to the rationality of maritime liens. Even though there are big gaps among politics, economic and culture background, the public benefits secured by the maritime lien legal system are different on most countries. Still almost all main countries admit that the object of maritime lien includes vessel, freight, and various accessories. Each wants to build their own maritime lien legal system according to their individual needs. Taking vessel as the only payment is so illiberal and no country is willing to make this limitation.In China the law limits that only vessel should be covered under maritime lien object. Although it's consistent with the latest international convention, but it's too narrow to effectively protect preferred creditors. The following reasons were summed up for a necessary modification: the limitation on maritime lien object can not measure up the legislative goal; the rationality of strengthening mortgage by weakening maritime lien is doubtable; the deficiency goes against with the customary practice and does not harmonized with our relating regulations. Above all, The maritime law was originally designed to serve maritime practice so the localization of law should be put forward in order to answer for the practical needs of our shipping operation. Object is the final target of preferred claims, only its perfection can ensure the real safety of public good which designed by maritime lien legal system. We should widen the scope of maritime lien object in china, in order to perfect our maritime lien legal system and promote the development of sea commence.