Study Of Legal Remedies For Wrongly Arrest Of Vessel

Along with the increasing of economic and trade exchanges, the shipping market and arrest of vessel are developing as well, however, wrongly arrest of vessel has often occurred in judicial practice. Therefore, deepening the study of legal remedies for wrongly arrest of vessel will contribute to promoting prudent obligation for claimant when applying for arrest of vessel, maximum to prevent the occurrence of wrongly arrest of vessel, and will protect the legitimate rights of respondent after the occurrence of wrongly arrest of vessel. This paper is based on the content of the wrongly arrest of vessel, devoting to finding out deficiencies in existing law through a comparative study on the relevant provisions between International Conventions and China, attempting to further clarify relevant content on legal remedies for wrongly arrest of vessel, such as the main responsibility, responsibility principle, compensation responsibility and so on, which will provide suggestions to improve the way of legal remedies for wrongly arrest of vessel.This paper consists of four parts.There is an overview of wrongly arrest of vessel in the first part. Firstly, defining what is wrongly arrest of vessel. This paper limits the range of research on wrongly arrest of vessel to the maritime security of private law nature. Secondly, discuss the legal nature of the wrongly arrest of vessel, which is divided into civil torts based on the parties reason and national torts based on the court reason. Finally, clear pattern of manifestation for wrongly arrest of vessel, which is divided into subject error, object error and other errors from the point of maritime security. Through clearing these concepts, it gives a theoretical basis on legal remedies for wrongly arrest of vessel.The second part study relevant provisions of International Conventions compared with China to present current law state of legal remedies for wrongly arrest of vessel. Find out possible legislative defects in existing law, such as the main responsibility, liability principle and remedies approach of legal remedies for wrongly arrest of vessel, which remains further define. The third part study the contents of legal remedies for wrongly arrest of vessel to make sure the main responsibility, responsibility principle and compensation responsibility, combined with Chinese law to seek responsibility principle, concrete compositional compensation elements and compensation range of compensation for damage of legal remedies for wrongly arrest of vessel fit for our country.In the fourth part, the way is provided to improve legal remedies for wrongly arrest of vessel based on the experience of the two legal systems country and International Convention. There are mainly improving anti-guarantee system, giving play to the advantage of living arrest, and improving the release rules of the ship.