Limit Priority Or Priority Limit?

The instauration of the system of the Maritime lien and Limitation of Liability for maritime Claims (hereafter we called "Limitation of Liability") is derived from enormous risk of the carrying trade by sea. The system of Limitation of Liability is a unique legal system in Admiralty Law, it is a rule that allows those who are parties to the marine adventure, with particular reference to shipowners, shipper, salvor and insurer, to limit their liability in the event of loss or injury to persons or things caused by or on the board a ship, this rule rather differs from normal civil compensative principle for damage. The Maritime Lien system is also a unique legal system. Maritime lien is a kind of real right for security aroused upon the lawful particular claims owned by the maritime creditors who have priority to be paid out on ship. Formerly the relations between these two systems are harmonious and uniform, but with the develop of the system of Limitation of Liability which is a system protecting the interest of the maritime responsible persons. This system conflicts with Maritime Lien system ,and the conflicts prevent the implement of the interest of maritime creditors. This thesis discusses the scope and the relation of Maritime Lien and Limitation of Maritime Liability. Whether to extend or reduce the scope of Maritime Lien? Or we should consider the application of the system of Limitation of Liability. In the face of the conflicts, how to balance the interest to realize these two particular systems is also a important topic.Besides the introduction and the conclusion, this thesis consists of six parts.Part one makes a compare of the system of Maritime Lien and Limitation of Liability. Through the compare, we found these two systems conflict each other, so I expatiate the conflicts.Part two is about the scope of Maritime Lien. This part introduces different provisions in convention of 1926, 1967 and 1993 and in different countries of Continental law and British&US law. Through the compare, I found the provisions in my country are different from other countries, and also found the causes result in this situation.Part three makes a brief introduction of the scope of Limitation of Maritime Liability in the convention of 1957 and 1976,also in the law of America and China. The summarized provisions of the scope of Limitation of Maritime Liability in two conventions is analysed and compared in this part.Part four based on the cognition of the conflicts of the two systems, and I find out the idea of solving the conflicts.Part five discusses the scope of Maritime Lien in some specific situations. By this, I put forward my own opinions. The scope 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, the numbers of items influenced rights and interests of parties including mortgagee essentially.Part six discusses the relations of the two systems. Based on the relations and the ideas of solving the conflicts, I reflect on the provision of rule 30 in Maritime Law.