中、南两国船舶扣押制度比较研究——兼论中国航运企业应对南非船舶扣押的策略

Comparative study of China and South Africa's legal system of arrest of ship——Also discussing countermeasures of Chinese state-owned ship enterprises when their ships are arrested in South Africa

中国与南非的船舶扣押制度在法律渊源、法院管辖、海事请求事项、扣押船舶的范围等方面既有共同之处,又有相互区别的地方,而最大不同在于南非扣押关联船舶的规定在中国法律下是不存在的。中国国有船舶在南非遭遇关联船舶制度下的扣押,有关船东须积极应对,力争创立有利判例,以免国有船舶再受该制度下的扣押之苦。

The paper compares the similarities and differences between China and South Africa＇s legal System of arrest of ship, such as the sources of the ship arrest law, jurisdiction, maritime claims, scope of ship arrested. The remarkable difference is the associated ship provision in South African ship arrest laws, which has no counterpart in Chinese law. When Chinese state-owned ship is arrested as associated ship in South African, the owner of the ship ought to reply actively to strive for favorable precedent and to avoid such arrest of ship in the future time.