Research Of The Lien On Maritime Cargo In China

The vigorous development of the world's and Chinese maritime industry has laid a solid foundation for the development of the marine cargo lien.But there are many problems to be changed.It is found that the characteristics of the existing maritime lien are considered as follows.First,the value of the ship is large;Second,the ship is different from other real estate;The third is about the goods in the marine shipment.In addition,the legal relationship involved in the maritime lien is complicated and changeable,which involves many subjects with rights and obligations.All of these factors make the maritime lien issue difficult to handle.In depth analysis,whether it is based on the provisions of the general law or the contract law,it is not difficult to find problems of the maritime lien in China.First of all,the owner of the lien has the right to detain the goods to the relevant fees,but does not have the right to sell the goods directly,unless the goods have been detained by all parties concerned,and become the owner's property.Besides,it is about the lack of the right and obligation of the actual carrier.In international trade,some complex phenomena have occurred,such as the carrier mistaken as a ship.In fact,this kind of understanding is not correct in terms of theory or the law.From the perspective of the nature of the contract,and the carrier may be the ship;while in practice,the carrier will entrust the third party of the contract to engage in specific goods in transport activity.Moreover,the negative elements that form the maritime lien are complicated.The first is the agreement between two parties;the second is possessing goods without any violation;the third is violating the law by keeping the debtor's goods;the fourth is the conflict between keeping the debtor's goods and the carrier's duty.To improve China's maritime lien on cargo system,we need to focus on the following three aspects:first,further clarify both the rights and obligations of the carrier,and those of actual carrier in the marine cargo shipment contract.Rights and obligations should be properly considered.Although some complex problems of details need to be solved,achieving the equality of rights between actual carriers and carriers is significant.Second,"the goods" in "Maritime Law" Article 87 should be explained in terms of the purpose of law,the special status of NVOCC,ownership of goods,law system and common sense,thus making security interest function well and protect parties from being violated.Third,a reasonable period needs to be clarified and the method of auction needs to be limited.The modification of "Maritime Law"Article 88 needs the reference of foreign laws and international customs.The grace period should be properly narrowed.The concrete regulations and laws help to protect the interest of carriers.However,the current specification situation is not good.We need to work to establish regulations of maritime commercial trade,use the right of marine good lien and make it function,thus laying a basis for the perfection of "Maritime Law" and implementation of ruling by law.