The Development Of Ship Registration System In China And Perfect

The study of the registration of ship has only prevailed domestically in the latest few years. Numbers of the scholars, from the angle of public law catalogue the registration into the shipping policy. Their study therefore, based upon the status quo of China, starts with the qualifications for the granting of the vessel's nationality yet focus upon the "genuine link" between the vessel and the flag state thereof. From the angle of the private law domestically, the laws and regulations in respect of the registration, scattered in Civil Rules, Mortgage Law, CMC, weigh upon the legal effects thereof. Due to the targeted scope differs from state to state, the laws and regulations concerned are divided as well. According to the Article 9 of CMC, the special code regulating the relations arising from maritime transport and those pertaining to ships, The acquisition, transference or extinction of the ownership of a ship shall be registered at the ship registration authorities; no acquisition, transference or extinction of the ship's ownership shall act against a third party unless registered." Apart from that, the provisions of Article 13 as well highlight the registration of the mortgage of ship. The Regulations of Ship Registration of P.R.C., 1995, with the conciseness and coherence thereof, furthermore pinpoints the issue of registration in the domestic legal system.The writer of the paper hereinafter conducts her study of the registration in the context of the domestic legal system. Through the dissection of the publication and protection of title, the writer lays the jurisprudential foundation for the registration of ship; in the comparison and contrast of the doctrines of effectiveness by registration and against by registration, it is held that doctrine of against by registration adopted in our domestic legal system is in its upper hand. During the research, after discerning and discussion of definition of "against" and "third parities", it is reached by the Writer that the "third parities" includes not only the parties entitled with the real right but also the creditor. At the premise of the foregoing theoretical discussion,the focus then shifts to the shipping practice. Considering the point that the registered owner of the ship is not identical with the real operator, the research thereby emphasizes upon the breach and tort arising from the transference of ownership and bareboat charter party without the relevant registration and the remedies thereof. Besides, several new registration with special natures are introduced into our domestic legal system. In the very end, the Writer puts forward her own idea to the development and refine work of our ship registration.Apart from the Forward, the whole paper falls into five chapter:The Paper touches upon the publication and protection of title in the first Chapter. It is held by the Writer that the registration of ship has the function of protecting of title, explicating its fundamentals in civil law. The registration's definition, significance, catalogue and the pertaining laws are as well introduced.The Chapter II, after the comparison and contrast of effects of the two registration doctrines, The write thinks high of the doctrine of against by registration by affirming its advantages. In the discerning and discussion of definition of "against" and "third parities", it is held that the "against a third party unless registered" in CMC should be interpreted bona fide and thereby should include the common creditor.The Writer, in Chapter III, through the dissection of registration of ownership, mortgage and bareboat charter party in the CMC and The Regulations of Ship Registration of P.R.C., 1995, casts the light into the practice and brings out her view as to legal issues arising from transference of ownership and bareboat charter party without the registration.The registrations of the vessel under construction, ship finance lease and registration under the Trust Law are touched to some extent in Chapter IV.In the end, the writer pinpoints the problems in our ship registration and thereby puts forward her own ways for the settlement thereto; launch her suggestion to take the page of the German Law and introduce the other threeregistration system to our registration system; highlights the problems arising from the registration in the ship finance lease; calls for the further development of the electronic ship registration.