南非关联船舶制度中的“控制”因素分析及我国的应对

The Analysis on Control in System of Associated Ship in the South African and the Strategy of China

中国船舶在南非无端被扣,是由于法律认可关联船可以被扣的做法,而关联船之间的联系,是通过认定两船舶被同一所有人"控制"建立起来的。通过对"HEAVY METAL"轮案判例的形成过程的再现深入分析南非法院对形成联系的"控制"因素的认定标准,进而分析我国国内法对"控制"的认定,最后提出我国船舶避免在南非被扣的应对策略和如果被扣的应诉抗辩。

Because the System of associated ship got the law approval of South African, the ships of China had been arrested in South Africa, while the relationship of associated ships established through she acknowledgment the two ships had been controlled by one owner. The author analyzes the identification criteria to the factor of control through the presentation of the case of HEAVY METAL, and further analyzes the identification criteria to the factor of control in China. Finally the article points out the strategy of China to avoid the arrestment of ships in South Africa and the reasons of defense only once accused.