船舶登記制度比較研究
發(fā)布時間：2019-02-21 17:27
【摘要】： 作為一項重要的法律制度,船舶登記是船舶取得合法航行權(quán)的必經(jīng)程序,也是確定船舶物權(quán)的根據(jù),各國海商法均通過船舶國籍登記以及物權(quán)登記兩個方面的法律規(guī)定,確認國家對于船舶的管轄及對權(quán)利人的保護。 在國籍登記方面,各國設(shè)置的條件或嚴格或?qū)捤?出現(xiàn)了正常登記制度與開放登記制度的分化,實踐中各有利弊。我國在船舶登記上一直有嚴格登記的傳統(tǒng),雖然有利于保護國內(nèi)航運業(yè)的秩序,卻客觀上造成了船舶運營成本的增加。于是,大批國輪移籍海外,稅費、管理費等收入大量流失。在此背景下,有必要吸收國際有益經(jīng)驗,適度變革我國目前的船舶登記制度,給予懸掛五星紅旗航行的船舶以政策方面的優(yōu)惠,吸引移籍海外的船舶回歸定籍。而建立第二船籍登記制度,即在本國傳統(tǒng)的登記制度以外,另設(shè)條件較為寬松的新的登記制度,是學者們普遍關(guān)注的一條解決途徑,對其進行分析和研究,有較強的現(xiàn)實意義,并對將要開展的試點工作有益。 在物權(quán)登記方面,與其他國家相比較,我國船舶物權(quán)登記制度尚不完善。隨著《中華人民共和國物權(quán)法》的頒布,物權(quán)登記的諸多新制度確立了下來,這也為我國船舶物權(quán)登記制度的完善提出了新的發(fā)展方向。 本文在結(jié)合我國上述兩方面立法現(xiàn)狀與國際實際的基礎(chǔ)上,重點對各海運國家海商法中有關(guān)船舶正常登記和開放登記的條件進行了比較分析,探討了國際社會比較關(guān)注的方便旗船管理問題,從第二船籍登記制度的分析上找尋適合我國國情的船舶國籍登記制度的立法方向,并值上海洋山保稅港區(qū)試行第二船籍登記制度的時機,表達了筆者對第二船籍登記制度試行細則的期待和建議。本文還在物權(quán)法的框架下,選取船舶物權(quán)變動登記的效力和船舶預告登記制度的建設(shè)兩個角度,就我國物權(quán)法對其產(chǎn)生的積極影響進行評述,其間表達了筆者的個人意見。除引言外,全文共分為三章: 第一章介紹了船舶登記制度的概況,包括其制度內(nèi)容、制度簡史和歷史意義以及船舶登記的種類,并確定了本文的兩個研究方向:船舶國籍登記和船舶物權(quán)登記; 第二章對船舶的國籍登記進行了比較分析,著重就各國國籍登記條件的區(qū)別,正常登記和開放登記的優(yōu)勢和弊端,以及結(jié)合我國國情在我國建立第二船籍登記制度發(fā)表了看法; 第三章簡略介紹了船舶物權(quán)登記的一般理論,并對船舶物權(quán)登記的效力及在我國建立船舶預告登記制度進行了探討,在結(jié)合我國國情的基礎(chǔ)上,提出了部分建議。
[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.
【學位授予單位】：中國海洋大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D922.294
本文編號：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.
【學位授予單位】：中國海洋大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D922.294
【引證文獻】
相關(guān)期刊論文 前2條
1 韓曉宇;;上海國際航運中心政策研究[J];海大法律評論;2010年00期
2 郭慧;;淺議我國試行第二船籍登記制度[J];青島遠洋船員學院學報;2010年02期
相關(guān)碩士學位論文 前4條
1 白彬;我國船舶國籍及登記制度改革問題研究[D];大連海事大學;2011年
2 陳宸;船公司對船舶登記國的選擇問題研究[D];上海交通大學;2011年
3 錢弋淺;中國法下船舶融資租賃出租人法律風險控制[D];上海交通大學;2012年
4 吳柳芳;第二船舶登記制度研究[D];西南政法大學;2012年
，本文編號：2427719
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