Research On Issues Of Arrest Of Ships

The arrest of ships is already adopted by most of countries in the world as an important procedure resolving maritime disputes. But there are a lot of differences about arrest of ships between civil law system and common law system. In order to eliminate the conflict in the laws of arrest of ships of different countries, the international community struggles to establish a uniform international convention about arrest of ships for many years. International Convention for the Unification ofCertain Rules Relating to the Arrest of Sea-going Ships instituted in the ninth oceanlaw diplomatic conference in Brussels in 1952 is the only efficient international convention about arrest of ships. International Convention on Arrest of Ships 1999 is not efficient till now, though up to 70 countries were signed in the final text of this convention.In China, the arrest of ships system has a very short history from its origin to its development. Special Procedure Law for Maritime Litigation of the People 's Republic of China is a primary rule of our country at present about the arrest of ships. Although the law refers to the regulations of International Convention on Arrest of Ships 1999, it has a few imperfect items. It needs more reference to the advanced law system and measures of international convention and England.Firstly, this article discusses the nature by system of the arrest of ships in our country. And through the comparison with the system of action, the writer explains the necessary to refer to the system of action in rem in Chinese system of arrest of ships. Secondly, the article discusses some problems which are more often discussed in judicial practice, that is, the scope of ships which can be arrested, security and counter-security, auction of ships arrested etc. And it proposes the suggestion of legislation in Chinese system of arrest of ships on basis of international convention andthe relevant legal provisions of England .