Ship The Wrong Button Relief

The rule of the detention of ships plays a great role in the measures for maritime attachment. With the prosperous development of the rule of the detention of ships, the question of how to take effective measures to recover the injured interests of the parties after a wrongful detention of ships so as to ensure the fairness and effectiveness of judicial proceedings is unquestionably an issue that has a distinguished theoretical and practical importance. Through a comparative study of the rules concerning detention of ships stipulated in the international conventions as well as statutes of various countries, this article tries to analyze the safeguard systems for the remedies for the wrongful detention of ships from a comprehensive perspective, in purpose of reaching a conclusion about the different legislative measures and judicial approaches and convey a point of view of the author in terms of the remedies for the wrongful detention of ships.Part I starts with the illustration of the concept of wrongful detentions of ships and its detriment. Specifically, it includes the definition of wrongful detentions of ships, some basic types, and the detriment of the wrongful detention of ships. It points out that the detention of ships studied in this article only refers to the detention in the context of the application of the guarantee measures. It also explains the tremendous harm of the wrongful detention of ships and contends that it is an act of the abuse of rights. The aforementioned analysis provides a theoretical foundation for the methods and measures for the remedies for the wrongful detention of ships.Part II concentrates on the discussion of the legal foundation for the remedies of the wrongful detention of ships in compliance with the relative international conventions and respective national statutes in various countries. It points out that the remedies for the wrongful detention of ships are affirmed in various international conventions and statutes from different countries with the same or different types of legal systems, showing that this issue has been emphasized in both the international and national arenas. This analysis provides a solid legal foundation for the specific illustration of the relative methods and measures of remedies.Part III focuses on the remedies of the wrongful detention of ships, which includes the legislative, judicial and self-efforts approaches of remedies. It conveys the importance of the establishment and perfection of the counter-guarantee system, and the necessity of the determination of the types of the ships suitable for detention and maritime claims concerning the ships suitable for detention. Some recommendations for the perfection of the rules concerning the remedies of the wrongful detention of ships in our country are provided.Part IV discusses the remedial measures for the wrongful detention of ships. The release of the ships and the compensation of the damages are discussed. It argues that the release of ships should be fast and prompt, and the types of the compensatory damages should include both actual loss and lost interests. Some recommendations about the measures of remedies are provided by the author.