| This thesis studies the conflict and balance of interests in bareboat charter, with the way of interest analysis. This paper mainly studies the parties of conflicts interest, the type of conflict of interest, the interests of balanced operation of the mechanism, the body is divided into four parts.The first part studies the basic theory the conflict and balance of interest of the bareboat charter. The conflict of interest in bareboat charter is the phenomenon of contradiction and competition between the of bareboat charter in the conflict of interest as driven by a variety of interests arising from the various stakeholders in the process of bareboat charter appeals. The balance of the interest is to achieve a relatively reasonable way to resolve conflicts of interest through specific value analysis and systems used in the demands of different conflicts of interest arising between the comparison and analysis for the bareboat charter.The second part studies the main types of interest stakeholders and their interest claims of the bareboat charter. The main body involved in bareboat interest conflict is more complex, formed shipowner and the bareboat charterer as the center, including ship secured creditors, creditors can apply for appeal before the arrest and the other against the owner or bareboat charterer who have a conflict of interest claims network. In the process of bareboat charter, a basic premise is the division of types of benefit, therefore this article will divide the interest claims into the interest demands of operation, the rent charged interest demands, ship financing interest demands, creditor achieving interest demands, ship ownership interests demands and other ownership interests demands.The third part studies the types of conflict of interest in the bareboat charter. the conflicts of interest in Bareboat charter come from two aspects, one is the conflict of interest within bareboat lease contract, manifested as the bareboat charterer and owner direct conflict of interests between the relative; on the other hand, conflicts of interest is the subject of interest between the parties outside and the parties of bareboat charter contract occurred in the different conflicts of interest.The fourth part studies the mechanisms to balancing conflicts of interests in the operation of the bareboat charter in order to put forward our proposal related to the legislation. In the bareboat charter systems, there are a variety of different interest claims among stakeholders aspirations and the various conflicts of interest between the interest stakeholders. With the analysis and discuss of the security mechanism, the mechanism of monitoring and withdrawal of ships, the bareboat registration mechanism and the mechanism of arrest of bareboat in bareboat charter, this paper show the way and related systems to the coordination of the conflict of interest. At last, further interpretation and revised proposal of Chinese maritime legislation are put forward. |
