Researching On Law Issues Of The Ship Arrest Rules In China

In China, the development of ship arrest system is less than twenty years. Special Maritime Procedure Law of the Peoples Republic of China,which is promulgated by Order No.28of the President of the People’s Republic of China on July12000,is a primary rule of our country at present about the ship arresting. The law and procedure in the entity, are a few of the provisions of the relevant international conventions were drawing. It is Full advantage of the common law system adopted in rem action, while taking into account both the actual proceedings of the Marine. But it also has many problems such as many laws and regulations are too conservatism. Theoretical knowledge which can not be well applied in practice. Therefore, studying international convention or the legal system of ship arresting of developed countries will help further improve the construction of China’s relevant laws and regulations.This thesis contains five parts.In Part1, Describes ship arrest legal developments in our country and defines the concept of ship arrest and the wrongful arrest of ships, which leads to the key point of this thesis.In Part2,Presents a basic overview of the system of arresting ships. It will focus on the scope of arresting ships after a brief introduction to the concept of arresting ships, significance. The scope includes four aspects:the ship involved, the sister ship, the associated ship and the FOC vessels. And primarily describes the associated ship in South Africa gives suggestions about how to solve the issues on the associated ship in South Africa, such as "Actively organized defense, Diplomatic solution, Establish full market economy status as soon as possible."In Part3, Introduces the conditions and manner of arresting ships. Then draw attention to the Analysis of different countries with different legal systems of the Department for the conditions prescribed arrest of the ship as well as measures related to post review. And then writer analyzes disputes and problems of live arrest and dead arrest, and suggest that the scope of live arrest is limited to the domestic ships. The applicant and the respondent are free to choose the way in which manner of arresting ships by the court rather than mandatory decision. Then propose to establish the extension of the "living seizure" as soon as possible to supplement the lack of time to domestic legislation.In Part4, Writer discuses the jurisdiction of arresting ships, illustrates the difference between the case jurisdiction and the non-case jurisdiction with some examples. And analyzes the necessity of using the principle of forum non-convenience due to the fortuity of jurisdiction, burden of proof and the inconvenient of parties.At last, Writer expounds about the related theories of the wrongful arrest of ships, especially about the recognized standards. And the standards of wrongful arrest of ships are divided into subjective standard and objective standard. Analyzes several behaviors of wrongful arrest of ship in practice, emphatically describes the error compensation mechanism and preventive measures such as Prohibiting illegal arrest in ordinary courts, Strengthening the review of applications arrest ships, counter security.