The Ship Seizure Of Legal System

The objection of the research in the thesis is the legal issues ofarresting ship.Arrest of ship, as an important procedure to solve maritimedisputes, and the base for a court to exercise jurisdiction as well, isgreatly concerned by the shipping and law field. The legal system ofship arrest rules is at the forefront area and occupies an importantstatus in the maritime procedure law, which makes the research of shiparrest has both theoretical and practical meanings as well.In China, it is not a long time from this special maritime judicialsystem originated and then developed. The Regulation for Arrest of Shipin 1986 acts as an important signal of forming such a system, which hasa wide provision. On preservation of maritime claim, scope of arrestingship, service and execution etc. On 25 December 1999, MaritimeProcedure Law of the People's Republic of China (hereinafter called asthe Maritime Procedure Law was adopted with a dependent chapter onmaritime security, in which there is a chapter to stipulate arrest of shipand ship auction. This can be regarded as the landmark of theship-arresting system.There were many disputes in the fields in Maritime Law, and evenin the international conventions most of the original nationals were onbehalf of their own nation interest. So there still have wide space in thelegislation of the Maritime Law. The development of our nation'ssystem of arresting ship is at beginning stage, through the comparisonwith the arresting ship system of two legal systems, that we could findsome beneficial reference.Taking the provisions of Maritime Procedure Law as starting point,against the background of the new development in internationalconventions and foreign countries' domestic law, comprehensivelyapplying such argument skills as comparison, illustration, this articleholds a superficial discussion on some disputable issues, and puts forward author's own opinion on such issues, with an anticipation toperfect our country's ship-arresting system. In short, though thetheoretical research of arrest of ship in China is not so perfect, thelegislation action isn't prevented anyhow.Based on the comparison of the definitions prescribed in twointernational conventions and Maritime procedure law of China, Ibelieve that it is more objective and comprehensive to define thearresting ship as "the detention of the relating rights of ship for thepurpose of maritime preservation rather than judicatory by judicialprocess to secure a maritime claim". Comparing the three internationalconventions, we try to seek the origin of the system of arresting ship ofour nation. Also we discuss the jurisdiction arisen from the arrestingship. With China's entry into WTO, in order to protect either party of thedispute and meet the international requirements actually, our country'smaritime courts shall apply the non-convenient court principle tolimiting the maritime jurisdiction properly. The relating issues aboutarresting ship, including live arrest, repeating arrest, and arrest bymistake, are discussed. There are two ways of arresting a ship, i.e. "livearrest" and "dead arrest", both of which have its strong points anddemerits. And, they should be allowed to transform from each other ifsome requirements are met. Moreover, though there is no specificprovision inthe Maritime Procedure Law, the repeated arrest of ships isin need in practice and is not in violation of the legal principles. We tryin this dissertation to compare the western and Chinese legal systems:though the international convention tried to compromise the difference,they can not reconcile the two legal systems. The latter has its' owncharacter. For the legislation and perfection of the system of arrestingship in China, we hold that though transplantation is very important,absorbability and digestion are more important.