"maritime Law" In The Lien

In our country, lien is a very important issue in Maritime Code, the correct implement of lien is not only the guarantee for creditor, but also for debtor. The concrete provisions are included in Civil Code, Security Law and the new Real Right Law, however, there are some conflicts of certain problems in these codes, which restrict the functioning of lien as a real right for security, therefore, the author believes it necessary to explore more on these problems and put forward her opinion.This dissertation consists of five chapters.ChapterⅠdwells on the general theory of lien. From the legislative model of lien, the author lists the regulations of the Continental and the Anglo-American Legal Systems, deals with the definition of lien in the major civil law, analyses five characteristics of lien and raises some idea about it through comparison.ChapterⅡconcerns on the problem of possessory lien. The author holds that our legislation should enlarge the classification of possessory lien in order to enhance maneuverability in the performance. Based on the aforesaid, the author provides a further discussion on Ship's Possession, which is one of the fundamental features of possessory lien, and explains in detail about the establishment, unestablishment and legal effect of possessory lien. For the above-mentioned analysis, the author poses her recommendations for the legislation as reconfirming the classification of possessory lien, adding details to the possessory lien's termination due to another guarantee, increasing the systems of bona fide obtainment and notretentionsrecht (German).ChapterⅢmakes analysis on properties of lien on marine goods in Maritime Code based on different legislative models of the Continental and the Anglo-American Legal Systems. The author believes that the Carrier's lien is a real and obligatory right combining some features of lien in Common Law, it is a real right for security. However, the Shipowner's lien is a lien contractually agreed, which differs a lot from the general lien in civil law.ChapterⅣstresses the Carrier's lien on marine goods, which provided in Chinese Maritime Code. The author studies some controversial problems such as illustrating why the None Vessel Operating Common Carrier (NVOCC) also enjoys a lien on marine goods, analyzing the obligatory rights secured by lien on cargoes with cases, raising the viewpoint that the goods on lien could owned by the others and discussing the relation between lien on cargoes and the attachment of goods by the maritime court.ChapterⅤmainly investigates the lien under charterparties, the author explores the cesser clause and lien clause with incorporation clause and the debts secured by lien in voyage charterparty, and elucidates the provisions about lien in different standard time charterparties, the author also raises some suggestions according to the reality.In this dissertation, the author expounds a few views about the lien system in Chinese Maritime Code based on traditional lien's theory, the new Real Right Law and judicial practice, with the expectation to be of reference value for the improvement of lien system in Maritime Code.