Researching On Several Law Issues Of The Ship Arrest Rules In China

Arrest of ship, as an important procedure to solve maritime disputes, and the base also for courts to exercise their jurisdiction, is already adopted by most of countries in the world. But there are many differences about arrest of ships between civil law system and common law system. International Convention on Arrest of Ships 1952 is the only efficient international convention about arresting of ships. But conflicts occur unavoidably when applying the system despite of identification in forms and procedures by international conventions. In China, the arrest of ships system has a very short history from its origin to its'development. Although the theoretical studys on the arrest of ships in China is still not perfect, the legislation practice on this system has never stopped. But relevant issues have a few imperfect items. It needs more reference to the advanced law system and measures of international convention.This thesis contains four chapters.In Chapter 1, writer presents the concept and significance of ship arrest rules and makes a brief summing-up of the characteristics and development of the ship arrest rules in our countryIn Chapter 2, comparing the three international conventions, we try to seek the origin of the system of arresting ships of our nation.In Chapter 3, writer discusses several issues including the jurisdiction of arresting ships, the scope of ships which can be arrested, live arrest, repeated arrest of ship and re-arrest of the same ship.In Chapter 4, according to the problems of arrest of ships system, we put forward several proposals.In a word, the ship arrest rules in China refers to the foreign successful experience and international conventions, generally speaking, it is relatively advanced, but in practice, there are still many problems, such as the legislation in principle but not specific enough, so that practice can not find the corresponding effective measures.