Research On The Legislation Issues Of Possessory Lien On Vessel In Maritime Code

The possessory lien on vessel is one critical part of the real right of ships. The system of possessory lien on vessel of China is closely related to the Maritime code、the Property law and Guarantee law, the study of this subject can not only provide the code of conduct for some relevant problems which happened in the shipping practice, and promote the development of it, but also be helpful to the building of the theory of possessory lien of China, it can adjust the relationships between the possessory lien on vessel and jurisdiction reasonably, benefit the lawful rights and interests of the ship-builders and ship-repairers. On one hand, from the perspective of theory, on the other hand, from the practice, the research has very important significances. On the theory of possessory lien on vessel of China, the two legal systems have some research results. Such as the America, England of the Common Law System, Germany, Japan of the Civil Law System. These countries’ research history of Maritime code is long, the theory and system more mature. Related problems of possessory lien on vessel are carried on the thorough exploration and excellent in theory and practice. But research of possessory lien on vessel in China started late, the exploration of the validity and legal consequences of the subject is not comprehensive, and works about the theory are not that plentiful, mostly just a rough cover without a systemic research.Considerating of the wide-ranging content of the subject and closely related to the civil law, this paper explores the possessory lien on vessel and the legal consequence. Firstly, in the general theory part of the possessory lien,the main task is to answer the question of "what is possessory lien on vessel " and define the connotation of it; Secondly, Maritime code has no fixed conclusion to classification of the possessory lien. Considerating of the basic national conditions of China, and the reaction of the shipping practice, as the basis, possessory lien on vessel is divided into two parts: general possessory lien, it points the possessory lien of the ship-builders and ship repairers; special possessory liens which use the ship as the object, including the possessory lien of wreck salvage operators and sea towage people, salvage people and many other situations. Again, in order to catch the nature of the possessory lien on vessel, this paper analyzes it form the legal efficacy, the characteristics and the procedures of its implementations. At last, this paper analyzes different situations about the competition between the possessory lien on vessel and the real rights in ships, about the priority, different solutions and suggestions will be offered among the possessory lien on vessel, the mortgage and the maritime lien form the perspective of value and practice; at the same time, about how to solve the issue of setting the new mortgage on the basis of possessory lien, suggestions will be discussed.