船舶扣押的法律思考——兼评我国《海事诉讼特别程序法》的有关规定

Some Legal Consideration of the Seizure of Ships——On some relevant articles in "Special Procedure of Admiralty Proceedings" in China

船舶扣押在英美法系与大陆法系定性不同 ,195 2年《统一有关扣押海运船舶的若干规定的国际公约》在一定范围内规范了国际船舶扣押制度。立足于对有关国家和国际公约的考察 ,我国船舶扣押制度的价值取向是应以建立担保为目标 。

The nature of seizing a ship is determined differently in British and American Laws and in Chinese Laws. 'The International Treaty for Certain Regulations to Seize the Ships on the Sea' drawn up in 1952 defines to a certain extent the proceedings to seize international ships. Based on a study of the practice in the relevant countries and of the International Treaty, the regulations for the seizure of ships in our country should involve in the orientation to form a system with warranty as its base. The court of the country where the ship is seized cannot exercise an all round power in the case. Instead, its jurisdiction should be limited to a certain extent.