Study On Legal Problem About Lien Implementation Of The Port Operator

In the case that the port operators have fulfilled the contract, the debtor does not fulfill the corresponding obligation, the port operators will lien the debtor’s property. To the world within the scope of the law, the study of transportation emphasis on the port, China is no exception. China has promulgated "Maritime Law","Waterway Cargo Transportation Rules" and other transportation laws. All of these play an important role in solve the dispute on the transportation. As the law about transport become clearer and clearer, the dispute on port problem began to appear. So China promulgated the "Port Act" to clear the issue in port. But the law’s provisions for port operators are not very clear, leading port operators encounter various problems, and hampered port operators to realize the lien.This paper is divided into four parts for discussion about port operators to realize the lien.In the first part, from the discussion of the concept of lien, lead to the concept of port operator lien, and define the port operators of the legal status.In the second part, discussion on the specificity of port operators in realization of the lien.In the third part, analyzes port operators encountered problems in the process of realization of the lien, include the question of the ownership, the value of the subject, the issues related to the container and the issue of the port operator lien in conflict with other laws.In the fourth part, for the above problems, it is the suggestion for the port operators to the lien, include improve the retention period, improve the content of ownership and given the emergency lien for port operator.