Research On The Reform And Improvement Of Ship Mortgage System From The Perspective Of Civil Code

With the development of economic globalization,the role of ship mortgage in shipping industry and shipbuilding industry is more and more obvious.If the realization of ship mortgage is in difficulty,it indicates that the ship as an asset has problems in financing transactions,which affects the circulation of funds and further hinders the development of the shipping market.Since the maritime Law was promulgated nearly thirty years ago,some systems of ship mortgage can no longer meet the needs of today’s society.Therefore,in order to promote the prosperity and development of maritime affairs,some systems in the Maritime Law need to be revised and perfected.On May 28,2020,the Civil Code was officially adopted,which made a series of modifications to the original mortgage system,which not only improved the current situation of unbalanced interests among the mortgagor,mortgagee and buyer in practice,but also optimized many original mortgage systems,such as relaxing the conditions of mortgaged property transfer.Expanded the normal operation of the buyer rules to adjust the object,new purchase price security rights and so on.On January 1,2021,the Civil Code officially came into effect.As China’s first law named after the Code,the Civil Code is known as the "encyclopedia of social life".Therefore,in order to maintain the basic legal status of the Civil Code,the Maritime Law should not violate the Civil Code as far as possible without special requirements.At the same time,"maritime law" and "civil code" should also keep a special law and general law,is that not all the change of the mortgage system in the civil code needs to be followed to adjust accordingly,"maritime law" to "maritime law" need to learn from our reference,for "maritime law" does not need to draw lessons from,we should be maintained.In addition to the introduction and conclusion,this thesis is divided into four chapters.The first chapter discusses the outline of the new development of the ship mortgage system in the Civil Code,that is,the ship mortgage system is summarized first,then the ship mortgage registration system is summarized,and finally introduces the new development of the ship mortgage system in the Civil Code.The second chapter discusses the problems existing in China’s ship mortgage system.The author discusses from three aspects,namely the subject range and exercise conditions of ship mortgage,the transfer of the mortgaged ship and the registration of ship mortgage.The third chapter discusses the improvement of the ship mortgage system of the Maritime Law by referring to the Civil Code.This chapter discusses from two aspects.On the one hand,it discusses the necessity and feasibility of revising the ship mortgage system of China by referring to the Civil Code.On the other hand,as a special law,maritime Law should be superior to general law.The fourth chapter discusses the specific suggestions to improve China’s ship mortgage system.This chapter puts forward suggestions to amend Article 11 and Article 17 of the Maritime Law respectively,and suggests the design of new legal provisions and rules of purchase price security right.