The Study On Compensation Sequence Of Maritime Lien In Cross-border Bankruptcy

When a shipping enterprise involves cross-border bankruptcy,it not only involves the creditors' interests in general cross-border bankruptcy,but also involves the special maritime creditors' interests stipulated in the maritime law,which is more complicated than the cross-border bankruptcy of general enterprises.The conflict between the special maritime claims such as maritime liens and the compensation sequence of general bankruptcy is particularly prominent.And at present,the international community,there is no unified adjust cross-border insolvency and conflict of maritime lien system of international conventions,the United Nations trade committee issued the cross-border demonstration bankruptcy law(hereinafter referred to as the demonstration law)as the only one in the field of cross-border insolvency has the international guidelines,also did not make a clear demonstration on this question.This article mainly involved in cross-border bankruptcy case of maritime lien of alignment issues discussed,aimed at national and international law demonstration method in dealing with issues related to provide valuable theoretical basis for clear how to build with international maritime law and comply with all the overall interests of creditors in the cross-border insolvency.This paper is divided into three parts: introduction,text and conclusion.The text is divided into five chapters: the first chapter mainly summarizes the definition of maritime lien and cross-border bankruptcy,discusses the general implementation of maritime lien and the general compensation sequence rule of cross-border bankruptcy.The second chapter mainly summarizes the conflict of the sequence of compensation of maritime liens in cross-border bankruptcy,discusses the sequence of the conflict between maritime liens and general bankruptcy claims,exclusive rights,bankruptcy expenses and public welfare claims.At the same time,discusses the different ways of relief maritime lien in the bankruptcy law of different countries.The third chapter mainly makes a theoretical analysis the cause of the contradiction and the main theories in the legal field.Chapter four analyzes and summarizes the judicial practice of the major shipping states,advanced bankruptcy legislation countries and other countries.The fifth chapter puts forward the proposal of establishing the compensation sequence system of maritime lien in cross-border bankruptcy,from the perspective of balancing the overall interests of bankruptcy creditors,then regards maritime lien as a limited exclusive right.Finally,it is pointed out that states(taking China as an example)should actively recognize and assist foreign bankruptcy cases,and international conventions and international model law should clarify the relief mode of maritime liens in cross-border bankruptcy.