A Study On Seaman’s Maritime Lien For Wages

This thesis takes the seaman’s lien for wages as the main object of the research, and tries to acquire a general understanding of this kind of right under the current legal system with interpretation from the point of "rechtsdogmatik". Furthermore, several advices on how to improve the system of seaman’s lien for wages which is based on the legislative theory are provided.In the preface of this article, the significance of research of the object is clarified, and the methods of this article are also illustrated clearly.In chapter I, the theoretical background of seaman’s lien for wages is deeply analyzed. Firstly, it demonstrates that the meaning of this kind of lien is to reflect the equality of the least-benefit owners’right from the point of jurisprudence. Secondly, it points out that the lien should be well combined with current legal system of P.R.C when the captioned right is in the course of paradigm shifting from the "encumbrance" to the "real rights for security"In chapter Ⅱ, it analyzes the elements of legal relation of seaman’s lien for wages from the point of quiescent condition, and concludes that its firsthand subject is broadly-defined concept of seaman. In addition to the claims that are provided in the Maritime Code of P.R.C, the range of claims secured by the lien shall also include the interest, which arises from the delay of payment and the expenses for exercising the right. And its object should cover the ship and the thing subrogated of ship.In chapter Ⅲ, it analyzes the change of legal relation of the seaman’s lien for wages from the point of dynamic condition. From the perspective of the establishment of the lien terms, the claim of security is the payment, which is based on the seaman’s fact factual behavior of "service to the ship", and the legal effect could be confirmed by the application of Article30of the Property Law of P.R.C complementally. While taking the transfer of the lien terms into account, it should allow that others to stand on the shoe of seaman and be entitled to the interests of seaman by the payment of wages legally, so as to satisfy the demand for the social development and protect seaman’s rights and interests. In chapter Ⅳ, it analyzes the issues of the "counter-security" and the time limit in course of enforcement of the seaman’s lien for wages. On the basis of the semantic interpretation of Article16of the Special Maritime Procedure Law of P.R.C and realistic possibility of supplying of "counter-security" by seaman, it is not reasonable to request to the seaman supply the "counter-security" forcibly. Furthermore, the start point of one year which is provided by Article29of the Maritime Code of P.R.C is the moment when seaman leaves the ship. Considering the different nature between maritime claim and lien for wages, such rights should be applied to different time limit of law.