我国船舶登记制度的发展与完善
发布时间：2018-11-02 09:15
【摘要】：我国对船舶登记制度的研究是近几年的事情,国内不少学者多将船舶登记制度置于海运政策之中,从公法的角度,结合我国国情,由船舶国籍之授予条件入手,着重研究船舶与船旗国之间之“真正联系”。从私法角度(国内法)来看,我国法律对登记问题的规定散见于《民法通则》、《担保法》和《海商法》,主要从登记的法律效力上加以规定,各法律之间因调整范围的不同,规定有所差异。作为调整海上运输关系、船舶关系的特别法,我国《海商法》第九条规定“船舶所有权的取得、转让和消灭,应当向船舶登记机关登记;未经登记的不得对抗第三人”,此外《海商法》第十三条还对船舶抵押权登记加以规定。1995年的《中华人民共和国船舶登记条理》更是以一部统一的立法使得船舶登记在国内法上更加明确化。 本文作者主要从国内法层面上来研究船舶登记问题。通过对民法中物权公示、公信的理论剖析,说明了船舶登记的理论基础。通过登记生效主义和登记对抗主义的比较,认为我国船舶登记采对抗主义更具优越性。其中,作者讨论了“对抗”的含义和第三人的具体范围,认为“第三人”除包括物权人外,还应包括一般的债权人。由此,结合航运实务中存在的船舶登记所有人和实际经营人相分离的现象,具体分析了《海商法》下船舶所有权转移、光船租赁,未经登记时产生的违约责任和侵权责任的承担。此外,作者还介绍了几种我国法律未明确规定的特殊性质的船舶登记。并对我国整个船舶登记制度的发展与完善提出了自己的拙见。 除引言之外,本文共分为五章: 第一章 阐述了民法上公示、公信的理论,作者认为我国的船舶登记具有一定的公信力,明确了船舶登记的民法理论基础。并对船舶登记的概念、意义、种类和相关的法律法规作一概述。 第二章 两种船舶登记效力的比较,认为登记对抗主义更符合我国国情,利大于弊。还讨论了“对抗”的含义和“第三人”的具体范围,认为我国《海商法》中所指的“不得对抗的第三人”应为善意,且应包括一般的债权人。 第三章 结合航运实务,对我国《海商法》和《船舶登记条例》中规定的船舶
[Abstract]:The research of ship registration system in our country is a matter in recent years. Many domestic scholars put the ship registration system in the shipping policy. From the angle of public law and the national conditions of our country, we begin with the condition of granting ship nationality. Emphasis is placed on the "true link" between ships and flag states. From the point of view of private law (domestic law), the provisions of Chinese law on registration are scattered in the General principles of Civil Law, the guarantee Law and the Maritime Law, which are mainly stipulated from the legal effect of registration. The rules differ. As a special law regulating maritime transport relations and ship relations, Article 9 of the Maritime Law of China provides that "the acquisition, transfer and elimination of ownership of a ship shall be registered with the ship registration authority;" An unregistered person shall not confront a third person ", In addition, Article 13 of the Maritime Law also provides for the registration of mortgage rights of ships. In 1995, the "Organization of ship Registration of the people's Republic of China" made the registration of ships more explicit in domestic law with a unified legislation. The author of this paper mainly studies the problem of ship registration from the aspect of domestic law. The theoretical basis of ship registration is explained through the theoretical analysis of real right publicity and public trust in civil law. Through the comparison between registration effectivism and registration antagonism, it is concluded that the antagonism of ship registration in China is superior. The author discusses the meaning of "confrontation" and the specific scope of the third party, and holds that the "third party" should include not only the real right person, but also the general creditor. Therefore, combined with the phenomenon of separation between the registered owner and the actual operator in shipping practice, the transfer of ship ownership and bareboat charter under the Maritime Law are analyzed in detail. Liability for breach of contract and liability for tort arising from unregistered. In addition, the author also introduces several kinds of ship registration of special nature which are not specified in Chinese law. The author also puts forward his own views on the development and perfection of the whole ship registration system in China. In addition to the introduction, this paper is divided into five chapters: the first chapter expounds the theory of public announcement and public trust in civil law. The author thinks that the ship registration in our country has certain credibility. The civil law theory foundation of ship registration is clarified. The concept, significance, types and relevant laws and regulations of ship registration are summarized. The second chapter compares the effectiveness of the two kinds of ship registration, thinks that the registration antagonism is more in line with the national conditions of our country, and the advantages outweigh the disadvantages. This paper also discusses the meaning of "confrontation" and the specific scope of "third party", and holds that the "non-confrontational third party" referred to in China's Maritime Law should be bona fide and should include general creditors. Chapter III, combined with shipping practice, deals with ships stipulated in China's Maritime Law and ship Registration regulations
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.294
本文编号：2305599
[Abstract]:The research of ship registration system in our country is a matter in recent years. Many domestic scholars put the ship registration system in the shipping policy. From the angle of public law and the national conditions of our country, we begin with the condition of granting ship nationality. Emphasis is placed on the "true link" between ships and flag states. From the point of view of private law (domestic law), the provisions of Chinese law on registration are scattered in the General principles of Civil Law, the guarantee Law and the Maritime Law, which are mainly stipulated from the legal effect of registration. The rules differ. As a special law regulating maritime transport relations and ship relations, Article 9 of the Maritime Law of China provides that "the acquisition, transfer and elimination of ownership of a ship shall be registered with the ship registration authority;" An unregistered person shall not confront a third person ", In addition, Article 13 of the Maritime Law also provides for the registration of mortgage rights of ships. In 1995, the "Organization of ship Registration of the people's Republic of China" made the registration of ships more explicit in domestic law with a unified legislation. The author of this paper mainly studies the problem of ship registration from the aspect of domestic law. The theoretical basis of ship registration is explained through the theoretical analysis of real right publicity and public trust in civil law. Through the comparison between registration effectivism and registration antagonism, it is concluded that the antagonism of ship registration in China is superior. The author discusses the meaning of "confrontation" and the specific scope of the third party, and holds that the "third party" should include not only the real right person, but also the general creditor. Therefore, combined with the phenomenon of separation between the registered owner and the actual operator in shipping practice, the transfer of ship ownership and bareboat charter under the Maritime Law are analyzed in detail. Liability for breach of contract and liability for tort arising from unregistered. In addition, the author also introduces several kinds of ship registration of special nature which are not specified in Chinese law. The author also puts forward his own views on the development and perfection of the whole ship registration system in China. In addition to the introduction, this paper is divided into five chapters: the first chapter expounds the theory of public announcement and public trust in civil law. The author thinks that the ship registration in our country has certain credibility. The civil law theory foundation of ship registration is clarified. The concept, significance, types and relevant laws and regulations of ship registration are summarized. The second chapter compares the effectiveness of the two kinds of ship registration, thinks that the registration antagonism is more in line with the national conditions of our country, and the advantages outweigh the disadvantages. This paper also discusses the meaning of "confrontation" and the specific scope of "third party", and holds that the "non-confrontational third party" referred to in China's Maritime Law should be bona fide and should include general creditors. Chapter III, combined with shipping practice, deals with ships stipulated in China's Maritime Law and ship Registration regulations
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.294
【引证文献】
相关博士学位论文 前1条
1 杨晓玲;行政登记研究[D];中国政法大学;2009年
相关硕士学位论文 前3条
1 汪夏婕;我国船舶登记制度在国际融资租赁方式下面临的挑战和立法建议[D];华东政法大学;2010年
2 牟美丽;船舶抵押权人可保利益相关法律问题研究[D];大连海事大学;2008年
3 冯俊新;船舶登记制度比较研究[D];中国海洋大学;2009年
，本文编号：2305599
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