Study On The Defects And Perfection Of China's Maritime Lien System

In maritime law,the system of maritime lien has always occupied an important position and has a long history.There is no uniform priority system in China's legal system,but individual priority system is stipulated in individual laws,among which maritime lien is one.In 1986,China established the rudiment of the maritime lien system through the provisions of the Supreme People's Court.Finally,the maritime lien system was formally established in China through the Maritime Law implemented in 1993 and the Special Procedure Law of Maritime Procedure implemented in 2000.Although the formation of the system has undergone a lot of theoretical research and practical demonstration,it will also face various problems in the process of its development.There are still many areas that need to be revised or improved in the legal formulation and judicial practice.This paper mainly studies and analyses the scope,validity and subrogation of the creditor's rights of maritime lien security,and puts forward corresponding suggestions for improvement.Firstly,from the analysis of the scope of creditor's rights of maritime lien security,although it is clearly stipulated in legislation,there are disputes about whether wage items such as wages of dispatched seafarers and "double wages" of Laborers under the Labor Contract Law should be guaranteed by maritime lien.There are also some disputes about whether claims for compensation for personal injury on land,compensation for mental damage of personal injury and death can enjoy priority security,and whether claims for compensation for serious pollution infringement caused by ships loaded with toxic and harmful pollutants should be guaranteed by priority.Secondly,whether the validity of maritime liens should be further clarified by the subrogation of the vessel concerned should be further clarified.At the same time,in the procedure of exercising the maritime lien,there are some problems whether the court can auction the ship after arresting the ship,and there are also some defects in the system and procedure for the relevant obligee to apply for compensation according to the maritime lien.Through research,the author discusses the above contents and problems,and puts forward corresponding suggestions for improvement.Starting from the above aspects,this paper makes an analysis and Study on the defects of the current maritime lien system in China.From the perspective of better safeguarding the interests of creditors,safeguarding the safety of transactions,and facilitating the exercise of procedures,it puts forward corresponding suggestions for the improvement of the maritime lien system.