船舶登记制度比较研究
发布时间：2019-02-21 17:27
【摘要】： 作为一项重要的法律制度,船舶登记是船舶取得合法航行权的必经程序,也是确定船舶物权的根据,各国海商法均通过船舶国籍登记以及物权登记两个方面的法律规定,确认国家对于船舶的管辖及对权利人的保护。 在国籍登记方面,各国设置的条件或严格或宽松,出现了正常登记制度与开放登记制度的分化,实践中各有利弊。我国在船舶登记上一直有严格登记的传统,虽然有利于保护国内航运业的秩序,却客观上造成了船舶运营成本的增加。于是,大批国轮移籍海外,税费、管理费等收入大量流失。在此背景下,有必要吸收国际有益经验,适度变革我国目前的船舶登记制度,给予悬挂五星红旗航行的船舶以政策方面的优惠,吸引移籍海外的船舶回归定籍。而建立第二船籍登记制度,即在本国传统的登记制度以外,另设条件较为宽松的新的登记制度,是学者们普遍关注的一条解决途径,对其进行分析和研究,有较强的现实意义,并对将要开展的试点工作有益。 在物权登记方面,与其他国家相比较,我国船舶物权登记制度尚不完善。随着《中华人民共和国物权法》的颁布,物权登记的诸多新制度确立了下来,这也为我国船舶物权登记制度的完善提出了新的发展方向。 本文在结合我国上述两方面立法现状与国际实际的基础上,重点对各海运国家海商法中有关船舶正常登记和开放登记的条件进行了比较分析,探讨了国际社会比较关注的方便旗船管理问题,从第二船籍登记制度的分析上找寻适合我国国情的船舶国籍登记制度的立法方向,并值上海洋山保税港区试行第二船籍登记制度的时机,表达了笔者对第二船籍登记制度试行细则的期待和建议。本文还在物权法的框架下,选取船舶物权变动登记的效力和船舶预告登记制度的建设两个角度,就我国物权法对其产生的积极影响进行评述,其间表达了笔者的个人意见。除引言外,全文共分为三章: 第一章介绍了船舶登记制度的概况,包括其制度内容、制度简史和历史意义以及船舶登记的种类,并确定了本文的两个研究方向:船舶国籍登记和船舶物权登记; 第二章对船舶的国籍登记进行了比较分析,着重就各国国籍登记条件的区别,正常登记和开放登记的优势和弊端,以及结合我国国情在我国建立第二船籍登记制度发表了看法; 第三章简略介绍了船舶物权登记的一般理论,并对船舶物权登记的效力及在我国建立船舶预告登记制度进行了探讨,在结合我国国情的基础上,提出了部分建议。
[Abstract]:As an important legal system, ship registration is the necessary procedure for the ship to obtain the legal navigation right, and it is also the basis for determining the real right of the ship. To confirm the state's jurisdiction over the ship and the protection of the obligee. In the aspect of nationality registration, the conditions set by various countries are strict or loose, and there is a division between the normal registration system and the open registration system, which has its own advantages and disadvantages in practice. There has been a tradition of strict ship registration in our country, although it is beneficial to protect the order of domestic shipping industry, it has objectively caused the increase of ship operation cost. As a result, a large number of countries emigrated overseas, taxes, management fees and other income loss. Under this background, it is necessary to absorb the beneficial international experience, reform the current ship registration system in China, give preferential policies to ships sailing with the five-star red flag, and attract overseas vessels to return to their domicile. The establishment of the second ship registration system, that is, the establishment of a new registration system with relatively loose conditions in addition to the traditional registration system in our country, is a solution that is generally concerned by scholars. It is of great practical significance to analyze and study it. It is beneficial to the pilot work to be carried out. In the aspect of real right registration, compared with other countries, the system of ship real right registration in our country is not perfect. With the promulgation of the Real right Law of the people's Republic of China, many new systems of real right registration have been established, which has put forward a new development direction for the perfection of the real right registration system of ships in China. On the basis of the current situation of the above two aspects of legislation and the international reality, this paper makes a comparative analysis on the conditions of normal and open registration of ships in the maritime law of various maritime countries. This paper probes into the management of convenient flag vessels, which is concerned by the international community, and from the analysis of the second ship registry system, finds out the legislative direction of the ship nationality registration system suitable for the national conditions of our country. At the same time, the author expresses the author's expectation and suggestion on the detailed rules of the second ship registration system in Yangshan bonded Port area of Shanghai when the second ship registration system is to be tried out. Under the frame of the real right law, this paper chooses the effectiveness of the ship real right change registration and the construction of the ship notice registration system to comment on the positive influence of the property law of our country on it, and expresses the author's personal opinion. In addition to the introduction, the full text is divided into three chapters: the first chapter introduces the general situation of the ship registration system, including its system content, system history and historical significance, as well as the types of ship registration. And has determined two research directions of this article: the ship nationality registration and the ship real right registration; The second chapter makes a comparative analysis of the nationality registration of ships, focusing on the differences in the conditions of nationality registration in various countries, the advantages and disadvantages of normal registration and open registration. In addition, the author puts forward his views on the establishment of the second ship registration system in our country in the light of the national conditions of our country. The third chapter briefly introduces the general theory of ship real right registration, discusses the effectiveness of ship real right registration and the establishment of ship notice registration system in China, and puts forward some suggestions on the basis of our country's national conditions.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.294
本文编号：2427719
[Abstract]:As an important legal system, ship registration is the necessary procedure for the ship to obtain the legal navigation right, and it is also the basis for determining the real right of the ship. To confirm the state's jurisdiction over the ship and the protection of the obligee. In the aspect of nationality registration, the conditions set by various countries are strict or loose, and there is a division between the normal registration system and the open registration system, which has its own advantages and disadvantages in practice. There has been a tradition of strict ship registration in our country, although it is beneficial to protect the order of domestic shipping industry, it has objectively caused the increase of ship operation cost. As a result, a large number of countries emigrated overseas, taxes, management fees and other income loss. Under this background, it is necessary to absorb the beneficial international experience, reform the current ship registration system in China, give preferential policies to ships sailing with the five-star red flag, and attract overseas vessels to return to their domicile. The establishment of the second ship registration system, that is, the establishment of a new registration system with relatively loose conditions in addition to the traditional registration system in our country, is a solution that is generally concerned by scholars. It is of great practical significance to analyze and study it. It is beneficial to the pilot work to be carried out. In the aspect of real right registration, compared with other countries, the system of ship real right registration in our country is not perfect. With the promulgation of the Real right Law of the people's Republic of China, many new systems of real right registration have been established, which has put forward a new development direction for the perfection of the real right registration system of ships in China. On the basis of the current situation of the above two aspects of legislation and the international reality, this paper makes a comparative analysis on the conditions of normal and open registration of ships in the maritime law of various maritime countries. This paper probes into the management of convenient flag vessels, which is concerned by the international community, and from the analysis of the second ship registry system, finds out the legislative direction of the ship nationality registration system suitable for the national conditions of our country. At the same time, the author expresses the author's expectation and suggestion on the detailed rules of the second ship registration system in Yangshan bonded Port area of Shanghai when the second ship registration system is to be tried out. Under the frame of the real right law, this paper chooses the effectiveness of the ship real right change registration and the construction of the ship notice registration system to comment on the positive influence of the property law of our country on it, and expresses the author's personal opinion. In addition to the introduction, the full text is divided into three chapters: the first chapter introduces the general situation of the ship registration system, including its system content, system history and historical significance, as well as the types of ship registration. And has determined two research directions of this article: the ship nationality registration and the ship real right registration; The second chapter makes a comparative analysis of the nationality registration of ships, focusing on the differences in the conditions of nationality registration in various countries, the advantages and disadvantages of normal registration and open registration. In addition, the author puts forward his views on the establishment of the second ship registration system in our country in the light of the national conditions of our country. The third chapter briefly introduces the general theory of ship real right registration, discusses the effectiveness of ship real right registration and the establishment of ship notice registration system in China, and puts forward some suggestions on the basis of our country's national conditions.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.294
【引证文献】
相关期刊论文 前2条
1 韩晓宇;;上海国际航运中心政策研究[J];海大法律评论;2010年00期
2 郭慧;;浅议我国试行第二船籍登记制度[J];青岛远洋船员学院学报;2010年02期
相关硕士学位论文 前4条
1 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
2 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
3 钱弋浅;中国法下船舶融资租赁出租人法律风险控制[D];上海交通大学;2012年
4 吴柳芳;第二船舶登记制度研究[D];西南政法大学;2012年
，本文编号：2427719
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