错误扣船若干问题研究

Research on Wrong Detention of Vessel

错误扣船是依法扣船的异化。随着海事案件的日趋增多,错误扣船的概率也日益增多。目前,我国《海事诉讼法》对错误扣船并无具体的规定。因海事请求而申请扣押船舶是一种重要的海事请求保全制度,而实践中错误扣押船舶的情况又将造成一定的财产损失,而且会带来较大的负面影响。因此,为充分保护当事人的合法权益,亟待合理规范扣押船舶制度。

Wrong detention of vessel remains a variation of detaining vessel by law. With the growing number of maritime cases, the probability of wrong detention of vessel is increasing. At present, Maritime Procedure Law of PRC has no specific provision about it. Because the maritime claim for detaining a vessel is a kind of legal system of security of maritime claim, it will cause damages to property, and will bring greater negative influence. Therefore, in order to fully protect the legal rights and interests of parties, it is needed urgently to standardize the system of detention of vessel.