Research On Ship Arrest Jurisdiction Legal System

China is growing up to a maritime powerful country now, at the same time, more and more maritime disputes occur, which puts forward higher requirements to our maritime legal system construction. The thesis focuses on the cross area of two very important systems, ship arrest and the jurisdiction, in maritime legal system, and attempts to provide some suggestions on the construction of China’s ship arrest jurisdiction legal system.The main argument of this thesis is, ship arrest jurisdiction can transform into the case jurisdiction, however, this transformation is not "absolutely", it is limited by several principles.The thesis firstly discuss the concept and the meaning of ship arrest and two jurisdictions relate to ship arrest, and then discuss whether ship arrest jurisdiction can be a independent jurisdiction or not, which solves the premise problem of this thesis. The thesis then discuss about whether ship arrest jurisdiction can transform into case jurisdiction, this part firstly analyses the necessity of why ship arrest jurisdiction should transform into case jurisdiction, and then clarifies the universal meaning of this transformation through legislation and judicial practice. However, this transformation is not "absolutely", the thesis analyses the necessity of the limitation through two aspects, a country and a litigant, and then presents seven principles to put a limit on the ship arrest jurisdiction. The seven principles are:the principle of sovereignty, the principle of autonomy of will, forum-non-convenience doctrine, the principle of effective jurisdiction, the two v. is prohibited, non bis in idem, the principle of international coordination and cooperation. At last, the thesis put forward several suggestions on the construction of China’s ship arrest jurisdiction legal system. On the one hand, we should improve our domestic legislation according to the seven principals, on the other hand, we should strengthen international cooperation.