| Maritime transport plays a huge role in the global economic development.More than 80% of global trade in goods is completed by sea.China is even a big shipping country,accounting for over 90% of the total shipping volume.As a tool for the transport of goods by sea-ships,undoubtedly play the greatest role in maritime transport.In the long-term shipping activities,in order to ensure the realization of maritime claims,the obligees often place their sight on the ship of greater value.However,when the ship’s liquidity greatly causes the obligee to have no control over the ship,the seizure system of the ship ensues.Since the ship arrest system was widely used in maritime litigation cases,the maritime claimant to protect their own rights to achieve prior to the prosecution or appeal to the court to seize the ship,resulting in an increasing number of seizures of the ship,the drawbacks of seizure of the ship gradually It is obvious that a large number of ships stranded in Hong Kong incurred a large amount of expenses.Shipowners reduced their income because they could not continue to operate their ships,further aggravating the respondent’s burden.This method of arrest has led to economic inefficiency and is extremely unfavorable to the development of the market economy.In recent years,the shipping industry continued to slump and the bankruptcy of shipping companies entered a peak period.In order to alleviate the pressure of maritime transport economy,the method of arrest by the court that restricts the transfer,disposition and mortgage of ships and so on and allows the ship to continue operation has gradually been applied to judicial practice and has been widely applied in judicial practice.Such restrictions on the ownership of the vessel and the prohibition on the disposal of the vessel are known as live-arrest vessels in practice.Living withholding not only enables the ship to create value in the continuous operation of the claimant to pay off the debts of the maritime claimant,but also basically does not exist in the surviving ship due to an application for the arrest error resulting in the loss,thus reducing the maritime claimant’s liability.In many maritime cases,the salaries of crew members who enjoy the priority of ships and the compensation for personal injury incurred in the operation of ships account for a large proportion.In view of the fact that the subject of a ship’s priority case is very small in relation to the value of the ship,the number of maritime priority cases is manifold and in practice there has been a practice of allowing a vessel to be seized in a ship’s priority case.Due to the imperfect laws in China regarding live-in vessels,despite the controversy in the theoretical circles about allowing live-detention of ships in the case of maritime lien cases,the practice of allowing the vessels to be stranded in the maritime lien cases has also been the subject of many maritime courts in China Has been in practice the method of arrest.In order to perfect the shortcoming of the system of live priority deduction in practice,the author through four parts in this paper to solve the interests of all parties involved in the case of live in the ship during the priority case protection.The first part expounds the manifestation of the live-in vessels in each legal system,the concepts and characteristics of the live-in of the Chinese maritime lien and the significance of the maritime lien.The second part mainly discusses many conditions that should be satisfied when applying the live deduction to the maritime priority case.Although China’s law has very few norms for the live detachment vessel,a system that protects the principle of market economy efficiency should strictly regulate its applicable conditions.The third part deals with the difference between the maritime claimant applying for the death of a claimant and the dead clasping a ship in the maritime priority case,and distinguishes the differences between the claimant procedure,applicable conditions,jurisdiction and guarantee and the effect of arrest.In the fourth part,the author puts forward some suggestions on how to apply the principle of de-arresting ships to China’s ship’s priority cases.It should strengthen the protection of the priority of ships,regulate the behavior of the ship during the deactivation of ships and improve the supervision of the judicial and related administrative agencies on the de-arrest of ships. |
