Research On The Issue Of Maritime Priority Realization Procedures

Maritime liens implementation program is one of the content of maritime litigation special procedure, mainly solving the priority of the transfer of ship's debt secured payments problem before and after. A person usually think this program focus on the protection of the interests of maritime lien people, which in practice often appears to protect the interests of the maritime liens people too much and damages the interests of other interested parties. In this paper, Maritime lien implementation are analyzed and discussed in order to the balance of interests of maintenance procedures on maritime liens and the obligor, the original debtor and other creditors from the Angle of procedural,and law various main realization of procedural justice and the profit of the entity. Content involves the proceedings including both lawsuit against people and objection,the different litigation mode of maritime liens to achieve different effects, confirmation of lawsuit, Payment of v, Cancellation of v and other types of litigation for the different effects of maritime liens implementation. Content also involves the non-lawsuit procedure including the limitation of liability of maritime procedures on the seizure and sale of the ship in maritime liens in the implementation process as an important means of maritime liens implementation, priority notice procedure, limitation of liability of maritime procedure,the bankruptcy related procedures, the discussion of in which maritime liens realize, as much as possible providing some thinking for the perfection of this system.First of all, this article introduces the origin and development of maritime liens from the perspective of historical origin and contrapose Anglo-American perspective. In the procedural law, it analyzes arguments on maritime liens procedural and substantive knowledge,nature of real right and creditor's rights. Introducing the theory support in rem in the Anglo-American law system,Thinking about the advantages and disadvantages of our country introduced in rem. Secondly, after analyzing in rem,maritime liens in personam is discussed under the influence of different types of litigation for maritime liens In personam against China as litigation form.Exploring the litigants and stakeholders seek to balance the interests of the parties to the litigation status. Again, no matter in continental law system and Anglo-American law system exercise of maritime lien is kind with the detention of the ship. Different is the exercise of arresting a ship for maritime liens in the Anglo-American law system as a symbol in rem, in a lawsuit to people in our country the exercise of arresting a ship for maritime liens simply means litigation preservation. This article in view of the different meaning behind of ship arrest intends to explore our country of ship arrest on the contradictions of theory and practice. In order to combining different attachment forms for reasonable Suggestions,the relationship of different ways to arresting a ship in practice between the advantages and limitations is analyzed. In addition, the following of ship arrest in preservation program,this paper selects problem of ship neither auction not release and legal loophole of auction procedures and maritime liens counterpoising is disjointed truly. Application for auction of the limits of the parties to expansion are discussed. For combining auction procedures and maritime liens equaling litigation, it suggests some conjecture and cohesion. Finally, maritime liens implementation program is not closed. This paper introduces the notice procedure, the limitation of liability of maritime procedure, bankruptcy and bankruptcy reorganization procedure and discusses the relationship of implementation with these programs.Exploration and analysis of the legislative purpose of law are order to better promote of maritime lien and other rights and fair.