我国船舶登记制度及其实践法律问题研究
发布时间：2018-12-24 14:50
【摘要】： 船舶登记关乎船舶的基本存在,其对国家航运经济发展、航运企业经营收益,乃至个人财产利益的影响不言而喻。我国是国际上的航运大国,船舶登记在支持、配合航运经济乃至国家总体经济发展,规范、维护航运市场健康成长方面更是起着举足轻重的作用。 船舶的人格化以及其具有的不动产性,决定了船舶很多权利需要靠登记来生效、产生对抗。船舶登记的分类方法和由此产生的种类很多,各自有着不同的作用和意义,从船舶登记获得的权利看,对船舶物权(所有权、抵押权、光船租赁)和船舶国籍(航行权)的确认是船舶登记的主要作用。《海商法》和1994年生效的《中华人民共和国船舶登记条例》是我国船舶登记方面主要的法律依据。我国目前采用单一的严格船舶登记制度,和国外其他航运国家做法不尽相同,各有利弊。通过中外船舶登记制度和实践做法的对比,结合近年来我国船舶登记实践中遇到的实际问题,笔者认为我国现行的单一的船舶登记制度已不能完全适应国内航运业发展需要,船舶登记的法律依据相互重叠、矛盾现象突出,我国船舶登记机关──海事局在登记工作中法律责任定位不明等是我国船舶登记亟待改进、完善的主要方面。 为此,笔者以促进我国航运市场发展、明确船舶登记法律依据、规范船舶登记做法为目的,对上述我国船舶登记中存在的问题进行原因分析和理论研究,尝试着提出在国内设立"第二船籍登记"、尽快修订《船舶登记条例》、将船舶登记定位为形式审查,在相关法律法规中明确登记机关法律责任等解决问题的思路和方法,为下一步变革登记制度,修改相关法律、法规提供建设性意见和可行性方案。
[Abstract]:Ship registration is related to the basic existence of ships, and its influence on the development of national shipping economy, the operating income of shipping enterprises and even the interests of personal property is self-evident. China is a big shipping country in the world, and ship registration plays an important role in supporting, cooperating with the development of shipping economy and even in the overall economic development of the country, standardizing and maintaining the healthy growth of shipping market. The personalization and immovable property of the ship determine that many rights of the ship need to be registered to take effect and produce confrontation. There are many classification methods and kinds of ship registration, each of which has different functions and meanings. From the point of view of the rights obtained from ship registration, the real right of ship (ownership, mortgage), The maritime law and the regulations of the people's Republic of China, which came into effect in 1994, are the main legal bases for the registration of ships in China. At present, our country adopts a single strict ship registration system, which is different from other shipping countries in foreign countries and has its own advantages and disadvantages. Through the comparison between Chinese and foreign ship registration system and practice, combined with the practical problems encountered in China's ship registration practice in recent years, the author thinks that the current single ship registration system in our country can no longer fully meet the needs of the development of domestic shipping industry. The legal basis of ship registration overlaps with each other, and the contradictory phenomenon is prominent. The ship registration authority of our country-the legal responsibility of the maritime affairs bureau in the registration work is not clear, etc.-is the main aspect of the ship registration in our country that needs to be improved and perfected urgently Therefore, in order to promote the development of shipping market in our country, make clear the legal basis of ship registration and standardize the practice of ship registration, the author analyzes the reasons and theoretical research on the problems existing in the above mentioned ship registration in our country. This paper tries to put forward some ideas and methods to solve the problems, such as setting up the "second registry" in China, amending the ship Registration regulations as soon as possible, positioning the ship registration as a formal examination, and making clear the legal responsibility of the registration authority in the relevant laws and regulations. Provide constructive advice and feasible plan for the next step to change the registration system, amend the relevant laws and regulations.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.29
本文编号：2390769
[Abstract]:Ship registration is related to the basic existence of ships, and its influence on the development of national shipping economy, the operating income of shipping enterprises and even the interests of personal property is self-evident. China is a big shipping country in the world, and ship registration plays an important role in supporting, cooperating with the development of shipping economy and even in the overall economic development of the country, standardizing and maintaining the healthy growth of shipping market. The personalization and immovable property of the ship determine that many rights of the ship need to be registered to take effect and produce confrontation. There are many classification methods and kinds of ship registration, each of which has different functions and meanings. From the point of view of the rights obtained from ship registration, the real right of ship (ownership, mortgage), The maritime law and the regulations of the people's Republic of China, which came into effect in 1994, are the main legal bases for the registration of ships in China. At present, our country adopts a single strict ship registration system, which is different from other shipping countries in foreign countries and has its own advantages and disadvantages. Through the comparison between Chinese and foreign ship registration system and practice, combined with the practical problems encountered in China's ship registration practice in recent years, the author thinks that the current single ship registration system in our country can no longer fully meet the needs of the development of domestic shipping industry. The legal basis of ship registration overlaps with each other, and the contradictory phenomenon is prominent. The ship registration authority of our country-the legal responsibility of the maritime affairs bureau in the registration work is not clear, etc.-is the main aspect of the ship registration in our country that needs to be improved and perfected urgently Therefore, in order to promote the development of shipping market in our country, make clear the legal basis of ship registration and standardize the practice of ship registration, the author analyzes the reasons and theoretical research on the problems existing in the above mentioned ship registration in our country. This paper tries to put forward some ideas and methods to solve the problems, such as setting up the "second registry" in China, amending the ship Registration regulations as soon as possible, positioning the ship registration as a formal examination, and making clear the legal responsibility of the registration authority in the relevant laws and regulations. Provide constructive advice and feasible plan for the next step to change the registration system, amend the relevant laws and regulations.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.29
【引证文献】
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相关硕士学位论文 前5条
1 徐晶;第二船籍登记制度研究以及我国建立该制度的相关法律问题探讨[D];华东政法大学;2010年
2 刘玉;第二船舶登记制度相关法律问题研究[D];哈尔滨工程大学;2010年
3 白彬;我国船舶国籍及登记制度改革问题研究[D];大连海事大学;2011年
4 陈宸;船公司对船舶登记国的选择问题研究[D];上海交通大学;2011年
5 孙谊;方便旗制度的法律研究[D];哈尔滨工程大学;2012年
，本文编号：2390769
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