Legal Research On The Supply-Marketing-production Of TaiZhou Shipbuilding Industry

As a result of the world’s shipbuilding center moving to the East, the revival of international sea transport industry and the increasing demands of shipping, the development of shipbuilding industry grows rapidly in China. Due to the unique geographical advantage, the shipbuilding industry in Taizhou (a city of Zhejiang province) have some characteristics as flexibility, effectiveness, mobility and low-cost which can be summarized as "Taizhou model" and this model represents the development trend of the new shipbuilding industry in our country.This thesis studies on the research:legal research on the supply-marketing-production of Taizhou shipbuilding industry, conducts through three aspects as following;The first part is titled "The related legal concepts in the shipbuilding industry of Taizhou". In this part, the thesis focuses on three concepts as "Taizhou model","vessels under construction","shipbuilding contract". Beside that, the thesis also analyze the theoretical and realistic significance.The second part is titled "legal research on the supply-marketing-production of Taizhou shipbuilding industry’s dispute and suggest". In this part, the property of "vessels under construction" and acceptance of risk, legal statues and relation of "shipbuilding contract", common used format shipbuilding contract, application article of law in shipbuilding contract, these four parts are detailedly analyzed. The legal basis is acknowledged, and legislative loopholes are studied. This part takes "legal statues and relation of shipbuilding contract" as the breakthrough. Through the study on the current prevalence controversy, such as purchase and sale contract, manufacturing contract and innominate contract, I suggest, first of all, we should deal with these issues according to the agreement. If the agreement is not so explicit, according to the agreement’s factors. If it is still not confirmed, it is innominate contract. I also suggest to use "Shanghai standard" which fit with national conditions, and I suggest that increase the clause which in the application of law:when the agreement is not explicit, applying to the country’law where the ship has builded. hope to reduce unnecessary disputes.The third part is titled "risks and prevention of shipbuilding contracts ". In this part, on the basis of the legal statues and relation of "shipbuilding contract", this thesis analyze the focuses of court in recent years in4separate aspects as the ship quality dispute, a lien of the ship, right of optional cancellation and right to plea of orderly performance to discuss, after performing the right of defence four respects to undertake discussion. Firstly, in the contract, the quality guarantee period of the ship is relativity. The administrative license such as ship certificates of inspection and so on, its probative force is accountability. I suggest that when the parties sign a contract, they can sign a minimum lower limit and guarantee liability about blemish. Secondly, if the third part wasn’t perfomed of his contract, the affiniation of shipbuilder should disclosure the third part to the really shipbuilder, make he obtain the the lien of the ship; Thirdly, as the shipbuilding contract is identified that it is innominate contract, the shipowner haven’t the right of optional cancellation. Fourthly, right to plea of orderly performance should based on the reciprocity or relations between the duty of the parties. At the end of this part, this thesis presents some institutional advices for the further development of China’s shipbuilding industry.In the last part, this thesis emphasizes on that in order to maximizing the interests of both sides, the legal statues and relation of "shipbuilding contract" must respect the litigant’s consensus completely.This thesis is innovative on three points:firstly, it’s innovative in focusing on legal research on Taizhou shipbuilding industry; secondly, it is innovative in consider the shipping legal in the China’s whole system, and also pay attention to the difference between ship property and common property right; thirdly, on the background of China’s new shipbuilding industry, it’s forward-looking in the exploration of stipulation and improvement of China’s laws and regulations regarding China’s protection of the shipbuilding industry for the supply-marketing-production.