Analysing The Relationship Between Maritime Lien And Limitation Of Liability For Maritime Claims Under Chinese Legal System

Maritime Lien and Limitation of Liability for Maritime Claims are two special legal mechanisms for maritime law. Maritime Lien is meant for protecting debtee of definitive maritime claims whereas Limitation of Liability is for protecting debtor of that.There are a lot of papers working on these two theories, while there are few works analyzing on the relationship between the two mechanisms specially under present Chinese legal system.To analyzing the relationship between the two theories in detail under present Chinese Legal System,the legal aim, legislation foundation and the characteristics of them shall be learned. The comparison between them is under the basic information about the two mechanisms. The first chapter will introduce maritime lien from the aspects of definition, legal character, and right attribute. The second chapter will introduce the Limitation of Liability for Maritime Claims focus on the priority and right attribute of the LLMC. The third chapter is to discuss the relationship between the two mechanisms under present Chinese law. The last chapter will summary the main problem caused by the conflict of the two mechanisms and give some propositions on the problems.