Study Of A Number Of Legal Issues Of Maritime Liens

This paper selects the maritime lien which possesses the most striking feature as research topic. It tackles comparative method on the basis of applicable maritime law of PRC running through the whole article. In the chapter one of this article, its origin and development cause of economy thereof will be introduced systematically, and it also expounds a variety of doctrines probing into its origin. Hereinafter, brief introduction concerning development of maritime lien in other countries will be given. Consequently, tendency of international unification will be summarized. It also sets forth definition and characteristics of maritime lien in the second part of this chapter.After the introduction with regard to cognizance of nature of maritime lie^ practice of justice and legislation in different countries, it determines maritime lien as secured title in the system of material rights processing with aspects in assets subject to maritime lien, function x effectiveness and feature of maritime by combining essential theory of civil law. In the last section, there is analyses of difference among similar rights.The scope of objects subject to maritime lien will have important effect on realization of maritime lien .on the basis of comparison of related stipulations of legislation in other countries and international treaty, the paper will analyze shortcomings of our countries as to stipulations on the scope of objects to maritime lien, then put forward some advice of modification. Finally, several issues on the ship as fundamental objects that are easily confusing will be expounded.Items of maritime lien is the core of it, and which kinds of items should be listed in it reflects different consideration as regards social value and public policy. Moreover, numbers and sequence of items influenced rights and interests of parties including mortgagee essentially. This paper summarizes characteristics ^ principles of sequence of maritime lien besides effectiveness of condition of items of maritime lien in chapter IV and comments every items one by one. In the end , advice of amendment will be brought forward after analyzing the localization of exceptions to items of maritime lien.Owing to that existence of maritime lien is unnecessary to be in pubic, it impairs parties interests of mortageee and the persons who enjoys possessory lien on ship to a large extent. The chapter V will cover the topic on how to balance interests among three parties and give the advice as to which attitude our legislation should take.Enforcement of maritime lien which differs enforcement of other rights, needs to be realized by means of detainment of ships. Moreover, the implementation of the limitation of liability for maritime liens and bankruptcy institution will affected realization of maritime lien. In the last chapter, this paper will mainly deal with issues of enforcement of maritime by detainment of ship, and analyze relationshipamong maritime lien, limitation of liability for maritime claims and bankruptcy institution. Finally the advice will be put forward as to how to harmonize relationship among them.