Research On Legitimacy Of Bareboat Charter Ship’s Judicial Sale

Into effect in March 1,2015 of the supreme people’s court about the seizure and the auction of the ship provisions on some issues of applicable law stipulated in article 3:if the maritime claimant in accordance with the provisions of article 29 of the maritime litigation special procedure law,the maritime court shall be allowed that the bareboat charterer being held responsible for maritime claims,the application for ship auction discharging bareboat charterer related debt of management of the ship.This Stipulated had a great significance for unified standard of the seizure and the auction of the ship,and improve the system of maritime judicial auction.This article from supreme people’s court about the seizure and the auction of the ship provisions on some issues of applicable law stipulated in the article 3,trying to analysis the feasibility and the theory of legitimacy of the bareboat chartered ship could be judicial auction.First of all,the first chapter recommend that minmetals international freight co.,LTD to apply for to detain the ship "hai zhi",to reveal the realistic and feasibility from the typical cases in the practice.The second chapter introduce China previous changes in legislation and explore legislation at different stages of development and the change of attitude.Then embarks from the current laws and regulations,introduce appropriate conditions and range about the bareboat chartered ship be saled by judicial auction.The third chapter first defines the concept of legitimacy,and then from the perspective of theory and practice,analyzed preservation program in judicial auction of a ship is a kind of procedural.The judge don’t have to consider the ownership issue,because this program belongs to a kind of maritime security,not determination entity dispute.And then description of detention of ship and ship’ judicial sale consistent,ship’ judicial sale shall be consistent with the scope of ship seizures.Next starting from the economic reality,when the ship is unfit for detention,will should be turn into the ship’ judicial sale;Then from the perspective of the legal value,the rule is in accord with the method of the value pursuit of fairness,efficiency,and protect the maritime interests of creditors of disadvantage in the market,and supervise the shipowner choice prudently and strengthen supervision the Bareboat Charter,so as to achieve the whole benign operation of the shipping market.In addition,analysis of bareboat leasehold has real right attribute,bareboat charterer has form close relationships with bareboat;And,from the perspective of risk distribution,analysis of bareboat charter in the form of the shipowner has investors,bareboat be judicial auction belongs to a kind of investment risk;Finally,this paper introduces the theory of in rem rent ships and light to our country judicial sale system,demonstrate from these analyses that the Bareboat Charter ship by judicial auction has theoretical feasibility and practical necessity.The the fourth chapter from the opposite side of legitimacy to find the bareboat’ judicial sale of the defect and the obstacle,found the system still exist the problem.First of all,allow the bareboat’ judicial sale is bound to cause great influence to the interests of the shipowner,the unbalanced system design ignore the protection for the interests of the shipowner.Moreover,the theory of Bareboat Leasehold with the definition of ownership of ship blurred,bareboat charterer and the shipowner status are not clearly differentiated and cause the deviation of some theory and practice.As well,this judicial interpretation legal status is low,and high rates of host law and common law and regulations,it is bad for applicable unified method.The fifth chapter put forward advice from the aspects of the defect,and puts forward the perfection of the interests of the shipowner protection advice,and improve the legal status of the judicial interpretation to clear the effectiveness and applicability to fully implement the spirit of the judicial interpretation,ensure the steady development of the shipping industry.