关于强制拍卖船舶制度若干问题的探讨

Research on the System of Forced Sale of Ship

强制拍卖船舶是海事审判领域的一项别具特色的法律制度。它是指海事法院依法对船舶实施保全措施以后，在一定条件下依申请人申请或依职权，经过一定程序，运用司法强制对被扣船实行公开拍卖，获得价款，以备清偿船舶所有人的金钱债务。

In accordance with the judicial practice of forced sale of ship,the authors give their points of view on the character and the relative procedure of forced sale of ship, and point out that forced sale of ship is provided not only with nature of provisional security remedy,but also with nature of non-provisional security remedy. It is not necessary for the applicant to provide security, and application for stopping sale is permitted,but saling the apparel or parts of the ship is prohibited. The authors also state their points of view on improving the method of issuing sale announcement and delivering legal document.