The Implementation Of The Ship Lien

Ship lien as a special security interest, the system improve the development of theshipping industry has incomparable ship lien implementation, and specific procedures thefocus of legal circles. The China Maritime ship lien defines the concept of fuzzy, and there isno lien on the realization of the ship is summarized integration ship lien system defects moreobvious.This article will be based on China’s laws and international conventions adjusted lien,and then the definition of a lien on the ship, the detailed description, classification andeffectiveness. The study can be found in the lack of expression of China’s shipbuilding liensystem as defined in the concept of a lien on the ship is not clear enough, obscure words and arelatively narrow range. In addition, with regard to the implementation of the modalities andprocedures of the ship lien on the realizations and discount these two methods in practice doesnot apply to the part retained for the ship’s situation, the auction format if there is nomandatory intervention of the Court, it is difficult to maintain a lien and the debtor’s interest.In view of the above defects, this paper presents suggestions for improvement ofMaritime ship lien system. To include concept of refinement ship lien clear classification andeffectiveness, depending on the circumstances grasp ship liens and other ship security interestpriority of claim In addition, the focus should clear the way to achieve ship lien andprocedures in judicial practice highlighted by the intervention of the Court’s compulsoryauction in order to protect the legitimate rights and interests of the parties, in order to bettersolve maritime disputes to promote the sound development of China’s shipping industry.