On The Exercise Of Maritime Lien

There are many problems in the exercise of maritime lien in maritime judicial practice.This paper attempts to discuss the exercise of maritime lien in three parts,in order to issue relevant standards and solve many problems encountered in the exercise of maritime lien.The first part expounds the problems existing in the judicial practice.First of all,in practice,it is found that the new situation makes the main body of maritime lien diversified,but these main bodies are strictly limited in the practical trial.As for the object of the exercise of maritime lien,each country or region has different provisions on the maritime claims with maritime lien based on its own situation or local situation,from which we can analyze various considerations in the legislation of these countries and regions,and also based on this,from the international perspective,some parties choose countries or regions that are conducive to it to sue,leading to the protection of rights and interests The degree of protection varies.Secondly,the key step to exercise the maritime lien is to detain the ship,which will inevitably increase the litigation cost of the parties and affect the operation of the ship,which is not conducive to the development of the shipping economy.However,the judgment of the starting time when the parties enjoy the maritime lien is more complex,which leads to different judgments of different maritime courts in the actual trial,which is not conducive to the stability of the judiciary.Under the bankruptcy procedure,the exercise of maritime lien is more contradictory and conflicting.There are not o nly coordination between the courts,but also the connection between the court’s internal trial and execution,which will ultimately affect the interests of maritime lien holders and other creditors.The second part discusses the causes of these problems.First of all,China’s maritime law was issued with more consideration of supporting the development of shipping enterprises,so the main body of the trial is strictly controlled.As for the object of maritime lien,the maritime law of our country was mainly to protect the interests of shipowners and other creditors.As for the maritime claims with maritime liens,although there are explicit provisions in maritime law,they are not detailed,which leads to different understanding of port charges in practice.Secondly,in order to unify the trial and facilitate the execution,the court made a more rigid understanding and application of Article 28 of maritime law.However,different ways of exercising maritime liens lead to different starting times,especially the beginning of one-year exclusion period.Maritime courts have different understandings and applications in specific trials.However,the contradiction and conflict of maritime liens under the bankruptcy procedure are mainly based on the lack of correspo nding coordination among various laws,which makes the connection not smooth.The third part discusses the countermeasures and suggestions.First of all,as for the subject of maritime lien,the scope of its subject should be appropriately expanded,or the succession of maritime lien should be allowed.In terms of the scope of the object,the scope of the object should be expanded with the change of the shipping economy to achieve international balance,so as to protect the rights and interests of the domes tic parties.The maritime claims corresponding to maritime liens should be more clear,and should be appropriately increased or decreased with the change of the situation.Secondly,it advocates unifying the standards of trial and execution among courts through judicial interpretation or other forms,so as to clarify the way,starting time and the order of compensation under the bankruptcy procedure.