Research On Lien Of Port Operator

In recent years,due to the slowdown of demand growth and the absolute excess of market capacity in the shipping market,shipping enterprises are facing the dilemma of falling freight rates and rising costs,Yangpu Zhongliang shipping company,South Korea Hanjin Shipping Company and Hainan Nanqing company went bankrupt one after another,the port operator completes the port operation,but the operation cost can not be well guaranteed.Lien is an important way for port operators to guarantee port operation costs and protect their rights and interests.Port operators often encounter situations in which cargo owners or other operation clients do not pay port operation fees during their business activities.At this time,port operators should retain the containers,goods,ships and other properties they legally possess to ensure the realization of their creditor’s rights,which is an important means for port operators to safeguard their rights and interests.However,whether the "Guarantee Law","Property Law","Contract Law" which are abolished,or the "Civil Code" that came into effect in 2021,there are only general provisions on the lien system.Can such provisions work well? There are still many problems in the application of port operators’ lien.For example,the "Civil Code" property rights and the contract are not clear about the ownership of the lien object and the relationship between the object of line and creditor’s rights.The regulations on the commercial lien system are not detailed enough,and there is also a lack of clear and specific regulations on the application of the lien in good faith.These problems still exist when the regulations are specifically applied to the subject of the right of port operators.The law for port operators’ port operations is not pertinent and operability is not strong.China’s Maritime Law is a special law of civil law,which stipulates maritime cargo transportation contracts,ship charter contracts,maritime towage contracts,etc.and the rights and obligations of both parties to the contract.Can the port operation contract be included in the adjustment scope of the "Maritime Law" to clarify the definition of the port operator,the content of the operation,and the relationship between rights and obligations? If the port operator’s lien is included in the adjustment scope of the "Maritime Law",how to stipulate the lien of port operators is a question worthy of discussion.The research in this article is based on the lien system in the "Civil Code",with reference to our country’s "Maritime Law","Maritime Law(Revision for Solicitation of Comments)Draft",and the Supreme People’s Court interpretation "On the application of the guarantee system in the "Civil Code of the People’s Republic of China" and other laws.This article explores the problems caused by the application of the general lien system stipulated in the Civil Code for port operators’ liens,and the possibility of linking port operators’ liens regulations with different laws and regulations.Then it puts forward some suggestions on improving the lien system for port operators.There are five chapters in the body of this article:The first chapter introduces the definition of port operator,the situation of port operator’s exercise of lien,and the disputes of port operator’s lien in judicial practice.First,this chapter introduces the definition of port operators in our country and international conventions,and clarifies the concept of port operators.Then it introduces the situation in which port operators exercise liens as different operating entities.Finally,through the analysis of cases in the past ten years,this part introduces the judicial status of the operator’s lien to find out the focus of disputes about the port operator’s lien.The second chapter discusses the legal issues of the lien object of the port operator.First,it discusses the scope of the object of the lien of the port operator,then analyzes the ownership of the object of the lien of the port operator,and finally discusses the related issues of the application of the bona fide acquisition system to the lien of the port operator.The third chapter studies the relationship between the lien object of the port operator and the secured creditor’s rights.From the perspectives of civil lien and commercial lien,it discusses the relationship between the object of civil lien and commercial lien and the secured creditor’s rights under Chinese law,as well as the civil lien and commercial lien imposed by port operators under different operation,and the application of the relationship between the object of the lien and the creditor’s rights.Then it discusses the problems that the scope of the subject of the commercial lien is too narrow and the scope of the relationship between the object of the commercial lien and the creditor’s rights is too wide.The fourth chapter analyzes the conflict between the port operator’s exercise of lien and other rights.It analyzes the conflicts between liens and maritime claims,the priority effect of port operators’ exercise of liens and other property rights,and then discusses the order in which port operators exercise ship liens in our country’s Maritime Law.The fifth chapter discusses the improvement of the lien system of port operators,and analyzes the feasibility of regulating the liens of port operators in different laws,with a view to constructing a reasonable lien system of port operators.