论文部分内容阅读
扣船制度是海事诉讼中最具特色的一项制度,也是海事诉讼法的重要组成部分。由于欧洲国家的法律体系存在英美法系和大陆法系之分,扣船制度在大陆法系中被视作财产保全处分,而在英美法系中则发展成为对后世颇具影响的对物诉讼制度。我国《海事诉讼程序特别法》不论是在实体上还是程序上,都借鉴了国际公约的有关规定,采取了对物诉讼的优点为我所用,兼顾了我国海事诉讼的实际,又很好地做到了与国际接轨,进一步提高了诉讼效率,更好地保护了当事人的合法利益。
The arrest system is one of the most distinctive systems in maritime litigation. It is also an important part of maritime litigation law. Due to the common law system in European countries and the civil law system, the arrest system is regarded as the preservation of property in the civil law system, whereas in the Anglo-American legal system, it has developed into an influential lawsuit system . The Special Law of Maritime Proceedings in our country draws on the relevant provisions of the international conventions, both in substance and in procedure, and has taken the advantages of the lawsuits for litigation for what I have used and taken into account the reality of maritime litigation in our country, and has done well With the international standards, to further improve the efficiency of litigation, and better protect the legitimate interests of the parties.