船舶扣押制度中扣船范围问题分析.doc

船舶扣押制度中扣船范围问题分析 　　Abstract 　　 　　With the development of international trade and internationalshipping industry, the number of the maritime litigation, in which thecourts usually need to arrest the ships, has been increasing greatly. Inmaritime litigation, in order to preserve the maritime claim of theclaimant, the courts often need to arrest the ships according to theapplication of the maritime claimants. However, there no exist a set ofinternational unification rules on the arrest of ships. So the courts usuallyarrests the ships on the basis of the relevant provisions in the existinginternational conventions or the courts#39; domestic law. However, theexisting rules are not very perfect. For example, the question that whethera ship, which is under a financing lease contract or a ship managementcontract, can be arrested by the court is not very clear.This situation makethe courts often face the dilemma in the arrest of ships.Therefore, makinga clear scope of the ships that can be arrested, will be able to alleviate thedifficulties faced by the courts at the time of arresting ships. At the sametime, it will have a positive impact on the healthy development ofinternational trade and international shipping industry. 　　 　　In order to define the scope of the ships that can be arrested, the1952 convention and the 1999 convention on the arrest of ships havemade their great efforts to try. But as we can see, these two conventionsjust define the scope of the ships that can be arrested in the macro view,namely the scope includes the particular ship and the sister ship. They failto make rules on these two types of ships in the micro view. As to someimportant aspects of the arrest of ships, these two conventions don#39;t haveany rules on it, or these rules, if they have, are not reasonable. On thedomestic law level, due to the differences of the legal system, thedomestic laws in the civil law countries are not the same with those in thecommon law countries. Therefor, one ship m