Research On Marine Legal Risk Prevention Based On Maritime Execution Procedure

In the context of the rule of law, the construction of Shanghai international shipping and financial center background. Judicial, executive disorder as a solution to social conflicts and adjust the rights and obligations of the new authority initiatives for guidance, guiding various social organizations and individuals in the current era background and policy requirements, and actively join and participate in social practice in, and accordingly access to social wealth and risk prevention, which play the role of front-end control and prevention of risks.That is knowledgeable about the law’s concept of natural, social organizations and other litigation process is no longer the intensification of conflicts, but in law to anticipate own social life through the law to all areas of risk prevention perspective; Justice practitioners are based in the national interest perspective, and properly resolve conflicts, to achieve political results, the organic unity of the legal effect, social effect must be established under a uniform set of rules, both to public, to law convince the people, can also prevent the abuse of power, to prevent the corruption of power;For the majority of scholars are also able to borrow under the rule of law in the context of nation-building efforts to contribute to building the rule of law, particularly in the field of law for some of the land behind the practice, step up research and provide reference for decision-makers;In terms of decision-making also requires a corresponding theoretical expectations, so that it can argue in the international arena, or will in dealing with internal affairs, necessary to distinguish between the legal means and political means.Based on the context of such social needs, the author of maritime judicial practice, to perform judicial practice under the maritime perspective, the main line of the ship, the ship around the trade-offs related to the main interests of all parties, risk prevention, to dissect the parties legal subjects rights and obligations.Execution of the program is limited to maritime, ship as the core, to build risk prevention system in order to improve maritime performing procedures to properly resolve the legal issues related to the ship.Accordingly, the author studied from two angles, one, standing on the position of the judiciary, to the time course of the implementation of the case is based, highlighting the problems in the judicial practice common problems that specialized courts under maritime program execution and relevant laws and regulations of the Department to be perfect, Second, the standing of the judiciary corresponding types of vessels involved in the main case study various subjects between the game and emphasized in various subjects, the most critical is the main ship-related finance as the main control object. Judicial Game supply side of the law by applicable law judiciary and legal needs of various types between the main parties, and sketched out the legal risks maritime vessels under execution, and these risks, put forward the corresponding countermeasures.The main contents of this paper are as follows:First, the legal risks discussed in relation to a ship made a defined and binding judicial practice summarizes the features of maritime vessels execution of the program under the legal risks;Combined with our current law, summarizes the various legal relationships in the case involving the ship, and made a preliminary discussion on the status of implementation of maritime vessels and future development trend of China.Second, standing law enforcement point of view,the detention of the ship around, start the program from the ship seizure, respectively, from three angles,First, non-court based instruments issued by the agency, the author claims by the application to perform notarial instrument, for example, closed case analysis, analysis of the non-instrument issued by the judiciary, the risk exists, which point out the court in such cases justice orientation.Second, the program starts from the time the node for the former case acceptance, when the proceedings, the various stages of the implementation of compulsory seizure of the ship when combined with the law and judicial practice, a more detailed analysis of the various stages in the process of arrest legal point of contention.Third, from the physical point of view, on the arrest of a ship during the difficult question:Total seizure of the ship, anchored ship seizure,seizure of the debtor’s other operating vessels, ship seizure of waiting between the court and elaborated by the problems arising from the implementation of such entities objection procedure, the auction shall assign other issues.Third, with regard to the ship’s auction.Need to experience the announcement, registration of claims, the creditors’meeting and other programs, are more likely to generate opposition to execution.I practice for maritime professional assessment of the more neglected by the elaborate and commitment fees related to vessel inspection, marine assessment process, point out the legal status of the ship asset assessment procedures;Practice while on the registration of more complex claims, the author of the crew, project support staff, registered three main subjects of other creditors have been described,Creditor relationship between registration and the court made a presentation.Fourth, focus on various subjects connected with a ship, maritime rights and obligations in the execution of the program under analysis, combined with judicial practice, pointed out the risks, and put forward relevant countermeasures.Elaborated from the perspective of the main body of each game and government agencies, the key subject of this article on the ship legal risk prevention(Usually mortgagee)Rights and the risks of financial institutions and combined cases analyzed;Control of the ship’s personnel (typically maritime liens person) the rights and obligations in the execution of the program are analyzed, combined with difficulties in practice, put forward the corresponding legislative proposals;Proposed risk prevention countermeasure against other general creditors, and the repayment of its debt relief on the way the program points out,The risk of the buyer at the auction for the actual process of facing the risk of transfer of the ship finds, marine insurance of responsibility are reviewed;For the rights and obligations of the debtor, the paper also discusses done, pointing out its assessment of the right to dissent to the ship;For third-party financing, the author of a settlement agreement signed by the three parties, made an observation,Finally, on the implementation of the relevant maritime agency and executive authorities are introduced, and these institutions and their responsibility to do their own characteristics discussed.