On The Relationship Between Maritime Lien And LLMC

Maritime lien is a system that is unique to Maritime Law.So is the limitation of liability for maritime claims(LLMC).They have always been playing a very important role in promoting the development of the shipping industry.This paper attempts to sort out the relationship between the two,and analyzes the existing problems.On this basis,it puts forward some suggestions and hopes to improve the perfection of Maritime Law.Specifically,the content of this article is as follows:The first chapter is introduction.It is for the full text of the opening layout on the basis of the topic of understanding.The second chapter introduces the concept of the two.First,it briefly introduces maritime lien from the four aspects of the concept,the nature of law,the maritime request and the order of compensation and the change of the rights.Secondly,it briefly introduces LLMC from the four aspects of the concept,scope,limitation of liability,limitation fund,in order to make a discussion on this basis.The third chapter introduces the conflict between the two.It reveals the nature of the conflict from the two aspects of the legislative purpose and the legal basis.It explains the manifestation of the conflict between the two from the three aspects of credits of non this accident,non-restrictive claims and restrictime claims secured by maritime lien.The conflict between the two is analyzed from the essence to the manifestation,which paves the way for the relevant legislative proposals.The fourth chapter discusses the legislative proposal of coordinating the relationship between the two.Based on the analysis of the conflict between the two,the author puts forward the suggestions on the improvement of Article 210,Article 213 and Article 214 of Maritime Law.Finally,the author gets the summary of the relationship between the two and the proposed amendments to the relevant laws and regulations,and points out that the proposed amendments need to be considered.