Research On The United States Control Of Merchant Marine Capabilities And Its Enlightenment To China

The Control of Merchant Marine Capabilities is located in Part E of the Subtitle V-Merchant Marine in Title 46-Shipping of the United States Code.There are 3chapters and 21 sections in total.This system is rooted in the provisions of the US Merchant Marine Act and the Shipping Act on strengthening the state’s ability to control merchant ships.It was later integrated by the Office of the Law Revision Counsel of the US House of Representatives,and the relevant contents of the two bills were compiled into the US Code of Title 46-Shipping.After joining other bills with the same legislative purpose,the Control of Merchant Marine Capabilities was finally formed.This system has played an extremely important role for the United States to maintain its own merchant fleet and has laid a solid foundation for its domestic and foreign trade and national defense security.The system is divided into three parts.One is the restriction on the transfer of the ownership of merchant ships and related rights;the second is the Emergency Acquisition of Vessels;and the third is the special system for Essential Vessels Affected By Neutrality Act.Compared with the United States,China’s shipping legal system obviously has shortcomings.First of all,the legislation of China’s shipping law has not been fully completed,the "Shipping Law" has not yet been enacted,and the construction of the shipping legal system is inconsistent with China’s shipping development.Secondly,there is a lack of substantive laws to support the construction of China’s merchant fleet,and there are large differences in policies in various regions,which hinder the implementation of the "Chinese Flag of Convenience" ship return registration policy and cannot promote the size of China’s merchant fleet.Efficient growth.Finally,with regard to the expropriation and requisition of ships,China has only made relatively principle provisions on the expropriation and requisition of ships,and local laws and regulations across the country lack uniformity in the objects of expropriation,expropriation procedures,and compensation after expropriation.A unified legal system for the expropriation and requisition of merchant ships has been established nationwide.Therefore,this article will review the system background,legislative purpose,and detailed provisions of the US system of controlling merchant shipping capabilities in detail,with a view to providing a useful reference for the establishment of China’s shipping legal system and the development of the shipping industry.This article includes three parts: introduction,main body and conclusion.The article analyzes and reviews the legislative purpose,legislative evolution and the three components of the US Control of merchant marine capabilities in the United States,and explores relevant content suitable for China to learn from,so as to provide a reference for China’s shipping legislation.The main body is divided into five chapters and three levels to discuss the US Control of merchant marine capabilities.The first level serves as the foundation and consists of the first chapter.This part first explains the basic content of the system of Control of merchant marine capabilities.Secondly,it discusses the related basic theories extended by the system of Control of merchant marine capabilities,mainly including the analysis of the concept of maritime power and maritime transport,the concept of merchant ships,and the institutional background of the restriction of public power on the rights of private subjects.At the end,it introduces the legislative evolution of the system of Control of merchant marine capabilities.The second level serves as the backbone and consists of chapters 2 to 4.This part mainly analyzes and reviews the three major components that control the ability of merchant ships.The second chapter corresponds to Chapter 561 Restrictions On Transfers;the third chapter corresponds to Chapter 563 Emergency Acquisition of Vessels;Chapter 565 corresponds to Chapter 565 Essential Vessels Affected By Neutrality Act.As a summary,the third level is composed of Chapter 5.It mainly combines the previous study on the US Control of merchant marine capabilities and the enlightenment of this system to my country,and puts forward the reference to the legislation of my country’s shipping law.