A Study On The Scope Of Application Of Ships Under The Background Of Amendment Of Maritime Law

Ships are not only important means of transportation for maritime navigation and maritime property of great value,but also the material basis for the development of the shipping industry.In the legal relationship adjusted by maritime law,the various social relationships generated by ships in conducting maritime activities have always occupied a key position.Many of the unique and traditionally long-established systems in the maritime law,such as the establishment of legal rules like ship collisions,shipwreck rescue and general average,are also inseparable from ships.Maritime Law of our country stipulates the scope of application of ships in Article 3,in which sea-going vessels and marine mobile devices are collectively refered to as ships,and excludes the application of eertain special ships and regards the ship's attachments as part of the ship.With the operation of the law and the development of the society,the provisions of Article 3 of the Maritime Law on the scope of application of ships have gradually exposed various problems,such as not directly defining the connotation of the concept of ships,and not emphasizing the navigation ability and commerciality that ships should have,etc.The regulations lacking of scientificity can no longer meet the needs of economic society development,and it is urgent to redefine it.On March 23,2018,the Ministry of Transport launched a targeted solicitation of opinions on the Maritime Law of the People's Republic of China(Revised Draft for Soliciting Opinions);on November 5,2018,the Ministry of Transport publicly solicited opinions from all circles of the society on the Maritime Law of the People's Republic of China(Revised Draft for Soliciting Opinions).At present,the revision of the Maritime Law has been formally included in the agenda of the relevant departments.Based on the revision of the background of the Maritime Law,this thesis studies how to redefine the scope of application of the Maritime Law with appropriate theories and empirical evidence.The first chapter summarizes the scope of application of ships in the Maritime Law,introduces the concept of the scope of application of ships in the Maritime Law,and analyzes the legal relationship between the scope of application of the Maritime Law and the legal relationship of the Maritime Law,the object of adjustment of the Maritime Law and the scope of application of the Maritime Law.The second chapter focuses on the limitations of the provisions of the Maritime Law on the scope of application of ships.Firstly,it introduces the current status of the provisions of the Maritime Law on the scope of application of ships,and then analyzes the limitations of the provisions of the Maritime Law on the scope of application of ships and the necessity of amending the scope of application of ships in the Maritime Law.The third chapter puts forward the "two-step" idea of modifying the scope of application of the Maritime Law,that is,first to make sure the scope of ships in the general sense,and then to further make sure the scope of application of the Maritime Law on this basis.The fourth chapter puts forward some feasible suggestions on redefining the scope of application of ships when amending the Maritime Law of China.It includes three points:it highlights the navigation ability of ships based on the Maritime Law,emphasizes the commerciality of ships based on the Maritime Law,and stipulates the concept of the items listed in the scope of application of the Maritime Law.