Maritime Claim Preservation Of The Legal Issues

Preservation of maritime claims is not only an important system, but also a special system in the maritime procedure area. The preservation of maritime claims is a bran-new conception which has broke through the Civil Procedure Law of the common law. Some innovative stipulations about this system are included in the Special Maritime Procedure law of People's Republic of China. Preservation of maritime claims system deeply impacts on the settling of the disputes. The court which arrested the ships usually can get the right of substantial jurisdiction , so the party applied for arresting of ships to take "forum shopping" to choose the most convenient, meanwhile, the applicant can gain the security.The system of the preservation of maritime plays an important part in the procedure area, in addition, it has a subtle influence on the substantial judges, so the research on this subject is significant and valuable. Basis upon analyzing the provisions of the Special Maritime Procedure law of P. R. C as well as the relevant judicial interpretation, the paper discusses the content of the preservation of maritime claims.By comparing with the conventions and the foreign legislation, the author reviews several theories and the practice to study this subject systematically. The article also puts forward certain suggestions on perfecting the preservation of maritime claims.On the basis of expounding the general principles of the preservation of maritime claims, the paper is mainly concentrated on the issues about the security, wrongly applied for arresting of ships, the associated ship provisions and puts forward my own ideas. There are seven parts in this paper as follows: the general theory of the preservation of maritime claims, the relative legislation on arrest of ships, the principles of the jurisdiction over arrest of ships, arrest of ships, security and wrongly applied for arresting of ships, the...