Researching On The Ship Flexible Arrest Rules In China

The arrest of ship involved in maritime preservation is the most typical,the most common way,the ship arrest not only timely and effective solution to admiralty,maritime dispute between the parties,but also the realization of the legitimate rights and interests of the claimant to provide a strong protection.Ship flexible arrest rules is a workaround to live in the traditional sense of the way the ship arrest,is in constant innovation of our judicial practice,it is a kind of balance between the requester and the maritime interests of both parties for the purpose of punishment by ship limitation of rights or establishment of mortgage,maintenance mode allows the ship to continue to operate,compared with the general seized more flexible,easy to operate.But with the ship flexible arrest rules widely used in judicial practice,various problems due to lack of legislation and its produce is gradually exposed.In this case,in 2015 the Supreme Court issued a judicial interpretation to guide the arrest and auction of the ship,a flexible ship arrest law in which Article 1 applies,the specific conditions in areas such as further clarified and improved,but not completely its operation to resolve the confusion in theory and practice of conflict of laws issues,and thus the introduction of judicial interpretation has triggered a series of contradictions.Aspects In this context,this paper mainly through comparative analysis of the concept of the flexible ship arrest and characteristics to interpretation,which leads to changes in the new judicial interpretation issued by the actual case and its legal nature,and so the existence of specific application problem analysis study,which made the corresponding improvement suggestions,and then regulate ship arrest system.The main contents of the article are as follows:The first part is an overview of the ship flexible arrest system,introduces the concept,characteristics and the specific provisions about ship flexible arrest,then comparing seizure of the ship flexible arrest system in our laws and regulations and other similar countries or regions,in order to elicit discussed herein focus.The second part focuses on the introduction of the new judicial interpretation change the ship flexible arrest system,living both ship arrest scope of the law,the change condition,further comprising change of the specific jurisdiction of the court,the conditions and limitations on warranties.The third part focuses on the existence of the legal nature of a ship arrested flexibly view of the dispute,namely the preservation of the dispute between the preservation of property and behavior;also introduced some of the existing problems of flexible ship arrest system,including jurisdictional disputes between courts,arrest mode dispute the effectiveness of dispute between the competing arrest and specific guarantees between.The fourth part on the basis of the second and third part of the proposed ship flexible arrest perfection recommendations,from the macro to be released to guide judicial interpretation construct independent living detention system;raised from the microscopic related links specific recommended actions.