Legal Research On Admiralty Action In Rem And Its Implication On Ship Arrest In China

Admiralty action in rem is an ancient and vital proceeding in admiralty law of Anglo-American law.In the practice of international shipping,admiralty action in rem has always been deemed as a strong weapon for purpose of protection of the creditors.Additionally,based on the practice of shipping and trade,it is attracting lots of focus and commentaries.This paper aims to make a comprehensive study on the admiralty action in rem,and the approaches of historical study and comparative study are made best use of.On the basis of clarification of relevant concepts,this paper attempts to make an analysis of the nature of admiralty action in rem,as well the theoretical challenges faced by it.From the perspective of comparative law,the paper reviews the legal practice in respect of admiralty action in rem in different countries.Last but not least,the paper proposes some suggestions to make contribution to perfection of ship arrest under Chinese law.The body of this paper is divided into five parts.Chapter 1 of the paper provides an overview of the legal framework for admiralty action in rem,including the its concept,development and the comparison with action in personam,purpose of which is to make an introduction to its basic theories in advance.Chapter 2 of the paper is engaged on the research on the recognition of defendant in the action in rem.Firstly,the chapter explains the main views on the above issue and makes a summary on their respective reasons.Secondly,based on the aforesaid views,the chapter addresses the dilemma faced by the admiralty action in rem in practice.Lastly,the chapter makes an analysis and valuation on the two views,and puts forward some suggestions on the resolution of difficulties.Chapter 3 of this paper reviews the required conditions for bringing admiralty action in rem in practice,which emphasizes types of ship,range of maritime claims and the relationships between liable person and relevant ship.Further,the chapter makes a discussion on the issues existed in the above conditions.Chapter 4 of this paper mainly makes a study on the ship arrest in admiralty action in rem.On one hand,the chapter analyzes the relationship between admiralty action in rem and ship arrest.On the other hand,the chapter makes a thorough inquiry on the proceedings after ship arrest and wrongful arrest.Chapter 5 of this paper introduces the institution of ship arrest under Chinese law.On the basis of comparison between the admiralty action in rem and ship arrest in China,this chapter reflects the shortcomings of current rules,and addresses some views from the perspective of admiralty action in rem to improve the rules of ship arrest in China.