Study On The Order Of Compensation For The Real Right Of Ship

The real right system taken the ship as research object is one of the basic system of Maritime Code,and the ship's real right for security is the most important part of the real right of ship.As one of the most distinctive legal system in maritime code,"ship' s real right for security system has a long history,and there are a lot of differences in content",ship' s real right for security includes maritime lien?possessory lien and ship mortgage?.In the maritime trial,there are many cases involving the ship's real right for security.However,due to the imperfections of our policies and regulations,the priority of each ship's real right for security is still a controversial issue in both theory and practice,but with high value of research.With method as the comparative analysis,this paper provides an in-depth discussion about the compensational priority by comparing maritime lien with possessory lien and ship mortgage;and puts forward some viewpoints and suggestions in order to benefit the judicial practice.Besides preface and conclusion,this paper includes four parts.Chapter one expounded the fundamental problems concerning the basic concept,property,character,procedure of implementation of maritime lien,possessory lien on vessel,and ship mortgage with which the dissertation concerned,and compared the similarities and differences between them.Chapter two mainly discussed problems of maritime lien.It analyzed payment ranking between maritime claims secured by maritime lien and pointed out the shortage of the provisions stipulated by China?s Maritime Law;finally,it analyzed and compared the principle methods in which limited maritime lien under the tendency of improving payment opportunity of ship mortgage continuously.Chapter three mainly discussed the ranking of ship mortgage.Several questions concerning the system of possessory lien on vessel has been discussed in Chapter four.Firstly elaborates the subjects of in possessory lien on vessel and the problems occurred therefrom,then discussed the setting of payment ranking of possessory lien on vessel as stipulated by PRC laws and commented the viewpoints of academic circles,finally proposed arrangement methods for priority of possessory lien on vessel by the author.