Research On The Legal Issues Of The Registration Of False Ownership Of Ship

According to the relevant provisions of the Property Law and the Maritime Code,ships,as a special movable property,adopt the legislative mode of registration antagonism in China,under which registration is not the effective requirement of the change of ownership of ships,but only the antagonistic requirement,to some extent,the owner of ships has the right to choose whether to register or not.In practice,there are many cases of false registration of ownership,such as lazy registration after buying and selling ships,affiliated operation of ships,joint registration as individual ownership and so on.It can be said that the false registration of ownership of ships is not a legal concept.It is a special state of separation between the appearance of rights and the actual ownership in judicial practice.The inconsistency between the appearance of the right of non-actual registration of ship ownership and the actual state has brought many problems to the judicial practice and triggered many judicial cases.It involves the ownership of the ship and the interests on the ship,the subject of liability for personal,property and environmental torts caused by the collision of the ship,and the claim of the actual owner against the third party,especially the creditor,on the grounds of his actual ownership,etc.It involves different fields such as real right,tort,civil,administration,etc.At the same time,the inconsistency between the registered owner and the actual owner also makes it difficult for the administrative authorities to determine the object of administrative punishment and the subject of administrative responsibility,which makes the administrative authorities fall into the dilemma of pursuing efficiency and the correctness of the object of administrative punishment.The key to solve the problem of ship ownership is to clarify the legal relationship between the registered owner and the actual owner,while the determination of the subject of liability is mainly based on the basic principles of civil liability and administrative liability;The key to solve the right conflict between the actual owner who has not registered and the creditor who has applied for attachment is to clarify the scope of non-registration against the third party.The main reason for the frequent occurrence of false registration of ownership is the imperfection of the registration system,and the main reason for the frequent occurrence of disputes under the condition of false registration is the lack of corresponding legal norms or unified judgment imputation,so we should unify the judgment rules and improve the relevant laws and judicial interpretations in time after clarifying the above disputes.At the same time,we should use information technology and various forces to further improve the registration system of ship ownership and reduce the occurrence of false registration from the root.