评述与反思:“海娜号”邮轮韩国被扣案之法律问题

Review and Reflection on the Legal Issues of the Case of Cruise Ship Hai Na

中国籍邮轮"海娜号"因经济纠纷被韩国济州地方法院扣押案件在国内引起了轩然大波。原本一起民事性质的海事案件,险些被当事人和媒体炒作成政治事件。我们应从中汲取经验教训并进行反思。首先,应把对从事海洋经济的从业人员普及海事法律知识和实务作为当前的首要任务。其次,为避免或减少因扣船殃及无辜的游客或旅客,应积极倡导修改国际公约和国内法。最后,国家发展海洋经济,建设海洋强国,必须提升海洋法治软实力,走法治强国之路。

The case that the cruise ship ＂Hai Na＂ with Chinese nationality was arrested by the Jeju District Court of South Korea because of the economic disputes caused a great disturb- ance in China. The maritime case in the nature of the civil dispute was nearly sensationalized to be a political affair by the parties concerned and the media. This paper summarized the lessons we should draw and the introspections we should make from the ＂Hai Na＂ case. Firstly, We Should educate the people who engaging in the marine economy in both the maritime ＆ admiralty law and practice shall be the paramount task at present. Secondly, in order to avoid damaging the innocent passengers onboard, it is wise to initiate/propose the modification of the relevant inter- national convention and domestic law. Finally, where to develop the marine economy and build the marine power, China shall enhance its soft - power of the marine ＂Rule of Law＂ and take the road of the marine power of the Rule of Law.