The Disfigurements And The Amelioration On The Procedure Of Maritime Injunction System In Our Country

A maritime injunction means the compulsory measures adopted on the application of a maritime claimant by the maritime court to compel the person against whom a claim is made to do or not to do certain things, so as to prevent the lawful rights and interest of the claimant from being infringed upon. As a new system created in the which come into force since 2000, Maritime injunction system solved the long-existing problem faced by maritime court in our country to protect the lawful interest of the claimant through ordering the defending party of the application to do something or not to do something without improperly applying property preservation and advance execution. It has being carried out eight years, and it was proved comparatively successful, which can basically ensure the procedure law's guarantee effect. But this system isn't a perfect system after all, some clauses are not comprehensive, so there are a lot of disputes in practice. The procedure of maritime injunction is composed of six steps: application, determine security's mode and amounts if necessary, maritime court's judgement, review and objection, execution, and the compensation liability once be proved a wrong application. Refer to the Property preservation and Action preservation system in the civil procedure law field in our country, "temporary disposal","temporary distraint" system in the Romano family, Interlocutory injunction and Mareva injunction system in Anglo-American family, and considering the practice of shipping, author tries to analyze every step, consequently point out some disfigurements in the legislation of the maritime injunction system in our country, then show my owe advices of legislation. In allusion to some key-points in the procedure of maritime injunction, for instance, the conditions by which the maritime court judge, determine security's mode and amounts, whether the review and objection system can protect the person against and the third party's rights, how to solve the problem once execution failed etc, there are detailed discussion and advices in this paper, and if it can attract some attention, author will be very satisfy.