The Conflict And Coordination Studies Of Cross-border Maritime Insolvency And Arrest Of Ship Systems

Under the condition of global shipping market downturn and transportation excess manufacturing capacity,a large number of shipping enterprises appear bankruptcy reorganization frequently in recent years.Due to the particularity of shipping companies,ships are often detained in another country.Shall the ships be incorporated into a country's insolvency proceedings as the insolvency property,or be secured into another country's maritime procedure as the maritime claims?Thus the insolvency procedure conflicts with the maritime procedure in the international level.At this point,how to solve these conflicts,so as to maximize the insolvency debtor's value and make all creditors get fairly paid off,need to be solved badly.In contrast,the cross-border insolvency law for our country is too principle,which is objectively conducive to the development of international cooperative relations.Therefore,cross-border insolvency legislation has not yet received the attention it deserves.This paper is divided into five chapters:The first chapter and the second chapter tell some concepts about cross-border maritime insolvency,arrest of ship and cross-border maritime insolvency's extraterritorial effect.The third chapter discusses the conflicts between ship arrest system and cross-border maritime insolvency system.After analysis,we illustrate that conflicts are existed between the cross-border maritime insolvency procedures and arrest of ship procedures in legislative purpose and jurisdiction.The fourth chapter focuses on the coordination between cross-border maritime insolvency system and arrest of ship system.Firstly,it analyses different processing methods from the judicial practice of the world's major shipping countries,secondly,it makes a analysis about how to coordinate the two systems from the perspective of the principle of mutual concession and the schedule report of cross-border insolvency working group.Finally,I hope to coordinate these two systems in the form of International Convention.The fifth chapter talks about the status in cross-border insolvency legislation of China and suggestions about cross-border insolvency legislation in the future of China are given.Finally,for one thing,I hope,the countries in the world should conform to the unification trend of cross-border insolvency law and coordinate the cross-border maritime insolvency in the form of International Convention,so as to make cross-border insolvency unification movement try first in the maritime field.On the other hand,China needs to improve domestic cross-border insolvency legislation and strengthen international cooperation.Together,we can better protect the legal rights of insolvency creditors,thereby demonstrating the legislative purpose of insolvency law.