Research On Enforcing The Maritime Liens In Judicial Practice

Although Chinese maritime law has been developed rapidly in practice,the contradiction between legal regulations and practical operations gradually emerges.As a special provision of the maritime law,maritime liens have always been controversial.Maritime Law in China does not provide sufficient and accurate content and description of maritime liens' items.This may cause applicable disputes which will infringe the relevant rights for the groups who have the right to enforce maritime liens.The claims arising from the illegal retention of the shipowner,the wreck salvage fees and compulsory oil removal fees can not be an item of maritime liens.This may aggravate the risks and responsibilities of cargo owner.In consideration of the existence of limitation of liability for maritime claim which protect the opposing parties' right,it's obvious that the interests protected by those two systems are contradictory to a certain extent.We need further consideration to solve the problem.Therefore,the author believes that it is necessary to study the judicial issues in the enforcing of maritime liens and then seek a solution path.Chapter 1 mainly introduces the legal nature of the maritime liens,the provisions of international conventions and the domestic legislation of the world's major countries on the maritime liens.Based on the analysis of the legal nature,to give it an accurate "identity" is beneficially.The author will explore the development trend of maritime lien and its reference to China by comparing international conventions and the rich domestic legislative experience of major countries in the world.Chapter 2 introduces the problems encountered in the process of enforcing maritime liens in Chinese judicial practice.It mainly deals with the problem of how to effectively identify the subject who has the maritime liens,that is,the"crew".Whether certain rights should be included in the maritime liens or through the coverage of express maritime liens to indicate whether certain rights are included,such as whether the claims arising from the illegal retention of the shipowner,the wreck salvage fees,compulsory oil removal fees would be included or has been existed in maritime liens' items.At the same time,author discusses the conflict with limitation of liability for maritime claimsChapter 3 proposes to modify the Chinese maritime liens' items to solve the problems raised in the second chapter.It includes the reasonable identification of the "in-place" crew members who enforce the maritime liens.Add the claim for the shipowner's infringement,the claim for the wreck salvage fees and compulsory oil removal fees to the maritime liens or clarify some maritime lien's items to determine this part of rights.