International Rules Of Maritime Lien And The Legislation Perfection In China

The reason which the maritime lien becomes a more representative law system in the maritime law system is that the maritime lien is a kind of property droit with the sea property (such as watercraft etc.) as subject. Along with the development of social life and sea conveyance, as well as the benefit diversification in marine, the right and benefit conflicts of all countries become more furious continuously. Therefore, as a more controversial one, maritime lien system should be further perfected urgently, such as the maritime lien's character, subject, and items etc. aspects. The legislation value of maritime lien is to guarantee the balance of benefits, namely, the lawgiver makes sure that maritime lien person's benefits can be protected and can get the biggest degree realization, as well as gives attention to other benefits in addition, just these are the start point and research direction of this thesis. At first, the thesis compares and analyzes the international convention and the main marine nation system related with maritime lien on theories and practice. On this base, it puts forward some questions. Combined with related provision in maritime law of our country, it draws some conclusions clearly as follows. Firstly, as an entity right, the character of maritime lien belongs to a proper kind of guarantee system in maritime law. Secondly, the subject of maritime cannot be limited in watercraft only which goes against to the benefits balance of our country, and that it should extend to the utensil of shipping, freight and incidental rights. Thirdly, at the aspect of maritime lien items, our country should add some new items into current provision of maritime law, such as the necessity supply priority, the claim power of counterclaim for sinks clearance fare , and the share claim power of the generalaverage etc. items.