Research On Legal Problems Of Wrongly Arrest Of Ship

Along with the increasing of international economic and trade exchanges,as an important channel for international exchange of goods,shipping industry is also developing rapidly.Shipping-related cases is increasing gradually,ship-arrest system is improving constantly,however,wrongly arrest of ship has often occurred in judicial practice.Study the connotation,extension and legal nature of wrongly arrest of ship can ascertain accurately whether the arrest of ship belongs to wrongly arrest of ship,lay the foundation for later study.Research the theory and practice of wrongly arrest of ship can clear related legal problems of wrongly arrest of ship.This thesis is divided into four chapters except the preface:The first chapter introduces the connotation and denotation of wrongly arrest of ship and it's legal nature.Starting from the connotation of wrongly arrest of ship,analyze respectively the broad sense and narrow sense of the connotation of wrongly arrest of ship.And then define the denotation of wrongly arrest of ship.Finally,points out the legal nature of wrongly arrest of ship is a kind of violations.The second chapter analyzes the main responsibility of wrongly arrest of ship.Ascertain that under normal circumstances,the main responsibility of wrongly arrest of ship is maritime claimant who apply for arrest of the ship.The reason for the wrongly arrest of ship is the wrongly apply of maritime claimant.The third chapter studies the liability principle of wrongly arrest of ship.Analysis the liability principle of the wrongly arrest of ship in two legal system.And by the analysis and comprehend of maritime procedure law in our country,combined with the maritime judicial practice,points out that in our country the liability principle of wrongly arrest of ship is no-fault liability principle.Author advice that about the liability principle of wrongly arrest of ship,using the principle of presumption of fault liability principle is rational,it can balance the rights and interests of both parts in maritime request.Using the principle of presumption of fault liability principle to judge wrongly arrest of ship,the subjective fault of maritime claimant include intent,gross negligence and ordinary negligence,make maritime claimant apply for arrest of ship cautiously.The fourth chapter discusses the range of compensation responsibility for wrongly arrest of ship in our country.Our country makes provisions to the range of compensation responsibility for wrongly arrest of ship,stipulate the range of maritime claimant shall bear the liability for compensation for wrongly arrest of ship is half-open.After ask person who is responsible for wrongly arrest of ship should pay compensation for wrongly arrest of ship,list three kinds of damage which person who is responsible for wrongly arrest of ship should pay the compensation responsibility for wrongly arrest of ship.Author advice to complete the range of compensation responsibility for wrongly arrest of ship which the law clearly stipulates in our country.