China's Maritime Claim Preservation Of Institutional Research

Preservation of maritime claims is a major system in maritime litigation. It plays an important role in the system of maritime procedure although it doesn't have a direct effect on the substantiality of the maritime controversy. Therefore, it is very important to have a thorough study of preservation of maritime claims.By studying Special Procedure Law of Maritime Litigation of People's Republic of China and its judicatory explanation, this dissertation points out the defects in the present system of preservation of maritime claims in an expectation to contribute to consummate the system. The author also compares the preservation of maritime claims with the preservation of property in this dissertation. Some advanced regulations of preservation of maritime claims, compared with preservation of property , are listed. The author hopes these improvements will be adopted in amending Civil Litigation Law and help to improve our national system of preservation of property.This dissertation is divided into 6 chapters:Chapter 1 is an introduction to the preservation of maritime claims. In this chapter, the author deeply explores the definition to the preservation of maritime claims, which is the premise of understanding preservation of maritime claims. The person who alleges the maritime claims, the subject of preservations of maritime claims and its particular conditions are also discussed.Chapter 2 is a study of the domination and restrictions of domination of the preservation of maritime claims. The defects in the jurisdiction of preservation of maritime claims are pointed out in this chapter. The author also offers some advice on how to make it perfect.Chapter 3 is a study of the problems appeared in the vouch of preservation of maritime claims procedure and the compensation litigation owing to false vouch. The author believes it important to clarify the principle or the conditions of the vouch provided by applicants. The author also advises on how to maintain the mistakes in applying preservation and how to confirm the range of loss caused by these mistakes and the length of making litigation against them.Chapter 4 expatiates on the problems existed in the arrest of ship, arrest, freight of freezing and hire. Relevant regulations in Maritime Litigation Law should be applied.Chapter 5 gives some advice on how to protect the parties' rights in the procedure of the preservation of maritime claims.Chapter 6 compares the preservation of maritime claims with the preservation of civil claims and raised some advanced regulations of preservation of maritime claims. The author analyzes necessity and feasibility that these advanced regulations must be adopted in the property preservation system.In conclusion, our national preservation of maritime claims is quite perfect with Chinese characteristics. But with the development of the maritime transport undertaking, deficiencies begin to emerge in our present system. Further consummating the preservation of maritime claims helps to protect the benefits of the creditors without affecting the legal rights of the debtors.