Maritime Liens And Maritime Liability Limit Conflict And Contrast Of The System

Maritime Lien and Limitation of Liability for Maritime Claims are exactly the two exclusive mechanisms with representational meaning under the regime of maritime legislation, the establishment of which both derive from the tremendous navigation risk of maritime venture.Maritime Lien is meant for protecting debtee of definitive maritime claims whereas Limitation of Liability is for protecting debtor of that. Idiomatically speaking, the legislation purposes of these two mechanisms are opposite to each other. However, they land on the same ground in the end, that is, they aim at the overall proceeding of maritime claims. Each aspect, both rights and obligations, of distinguished parties are concerned in this legal relationship. In a word, both of these two mechanisms are established on this basis. Subjects who are entitled to maritime lien is conferred the right of prior imbursement on while subjects who are entitled to liability limitation could compensate claimant under a calculable pattern so that his extreme burden could somewhat be released. Therefore, notionally speaking, the purposes of these two mechanisms are definitely the same, which lead to guardianship of and support to the shipping field.The first part of the dissertation will mainly describe the circumstance of Maritime Lien. It is regarded as the paramount principle to maritime law. Aiming at interpretation of the significance and plausibility of Maritime Lien, the dissertation will trace back and look forward to the whole development of this mechanism, illuminate the realistic meaning of it. Then, Maritime lien under Chinese maritime legal system will be considered as a target. The designed layout and detailed content are the focal points of this part. Method of comparison between national and international legislations is applied so as to manifest the positive function to the development of shipping industry and to prepare for a further demonstration. The second part will turn to the other side of the controversy of legal application, i.e., Limitation of Liability for Maritime Claims. Following the reasoning path, method of comparison and reunion of legislation between home and abroad is also applied. Some legislation trends of liability limitation in the 21^st century increasingly phase in. By following up the clues of its history, we could easily combine theory with practice so as to figure out the composition of the mechanism. No doubt, the ultimate prospect is to promote the third part of this dissertation, i.e. to resolve the conflict between these two mechanisms.Here is the third part, the comparison and contrast between maritime lien and liability limitation. First of all, we will lay emphasis on the analysis of their distinct economic value. Secondly, theoretical supports will be extended while thirdly, issues from practical jurisdiction will be penetrated into this treatise. Those steps will form a logical argument as a whole. Finally, Chinese current situation of legislation and jurisdiction will be cited. We will submit a series of questions, such as, if Chinese legislation is just and rational? If its enforcement is fair and efficient?, etc. We believe that this platform will provide us an insight into the legal effectiveness, which could help us to build an appropriate horizon on the conflict of mechanisms. Thus we would ultimately conclude a resolution of that so as to vindicate public order and interest.