船舶优先权与海事赔偿责任限制的冲突与解决

Conflict and Resolution between Maritime Lien and Limitation of Liability for Maritime Claims

《海商法》自1993年实施以来,一直是我国航运业发展的保障。船舶优先权通过扣押船舶程序,旨在保护对于船舶行踪无法掌控的海事请求权人,而海事赔偿责任限制则是为了保护因为巨大的航海风险给海运从业者所带来的损失,设立相应的基金后便可释放扣押船舶。两种特殊的制度存在着一定的对立,但其保护范围有一定的交叉。本文主要比较了两种制度在理论和实践上的差异,分析产生冲突的原因,并提出了相应的解决措施。

Since the implementation of the Maritime Law in 1993, it has always been the guarantee for the development of my country’s shipping industry. Maritime liens are designed to protect creditors who cannot control the whereabouts of the ship, while the limitation of maritime liability is to protect the loss of the carrier due to the huge maritime risk. The establishment of a corresponding fund allows for the release of the arrested ship. There exists a certain antagonism between the two special systems, but there is a certain crossover in the scope of their protection. This paper mainly compares the differences between the two systems in theory and practice, and analyses the reasons for the conflicts, and proposes corresponding measures to solve them.