The Theory Of Action In Rem And It’s Application On China’s Maritime Procedure

As a parallel program of action in personam, action in rem has been occupying a pivotal position incommon law. However, the theory has not been recognized by civil law countries. China’s maritimelitigation also adheres to the principle of action in personam. With the development of political, economicand cultural integration in the world, every county’s legal system needs to be consistent. The theory ofaction in rem has been referenced by the international conventions all the time and has been graduallyrecognized by the civil law countries. China is a major maritime power and trading power, this require it’slegal system to be more consistent in the world. Therefore, we must to use the theory of action in rem toimprove our maritime procedure.This paper discusses the origin of the theory, the development of action in rem, the different practiceboth in England and the United States. On the other hand，this paper also discusses the great effect fromaction in rem in the view of China’s maritime procedure. This paper also discusses how to use this theoryto improve China’s maritime lien system and the preservation of maritime claims and so on.