Arrest Of Ships System May Detain The Ship Range

Arrest of a ship means any detention or restriction on removal of the ship by order of a court to secure a maritime claim, which is one of important means to protect maritime claimant's legitimate rights and interests, and is the main content of preservation of maritime claims. Without prove is the significance because of the extensive application of arrest of ships in the legal practice. While the scope of arresting ships stands out in the system of arrest of ships. Whether a ship to be arrested is within the scope is one of the real elements of arresting ships. Undoubtedly, it is of great significance that we have a specific definition of the scope of arresting ships and comply with that in the practice. This article gives an overview of the international convention on arrest of ships and relative laws and regulation of our country (mainly focusing on the "The Maritime Procedure Law of the People's Republic of China"), and then with in-depth analysis, it tries to explore the scope of arresting ships from varied points of views and by summarizing the scope under current legal system, the author will finally provide reference suggestions in the respect.Chapter 1 deals with the general introduction of the worldwide system of arrest of ships, which includes the concept, characteristics and etc., as well as the differences between different legal systems. On the basis of those, the scope of arresting ships is mainly introduced, especially the articles in relative international conventions. Then the laws and regulations on the aspect of our country is fully described. Thirdly, by giving other typical countries' scope of arresting ships, differences are compared.Chapter 2 elucidates and discusses how the scope of arresting ships is conformed, and focus mainly on the different results by different analytical angle. By adopting partial views of some scholars and systematical sum-up, this article gives a clear profile of the scope of arresting ships. The highlight of this part is the by combination of maritime claim's property, i.e., maritime claims in rem and the credit maritime claims, with the ownership of the ships, a practical suggestion of the scope of arresting ships is forwarded from two levels.Chapter 3 sets out a further comprehensive analysis of the problems given in Chapter 2, primarily deals with the conflicts and disputes existing in the practice. By listing the problems in respective sections, and with due respect to the consequences and logic between them, this chapter discusses from the basic concepts, such as the ship-owner, and one-ship company, after which more related questions is analyzed. And in respective sections, the key issue is studied by reference to other scholars' opinions and the author's own view is proposed.Chapter 4 is aimed to give resonance to the questions listed in the two previous chapters. With a conclusion of all the key issues mentioned above, practical resolvent is advanced. Main issues are about the arresting of the other ships besides the ships in respect of which the maritime claim is asserted, and especially how to solve the problem of arresting convenient flag ship, as well as the crisis confronting our state-owned ship companies when the theory of associated ship is commonly mentioned. Besides, this article also gives suggestions on arresting time-charted ships.