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国际上,扣船作为一项海事保全措施,被广泛用于解决海事纠纷的诉讼和非诉讼过程中。在我国,随着海事法院的建立,扣船也时有发生。但是,由于我国的海事立法还不够健全,处理海事纠纷的司法机构成立也比较晚,因此对船舶扣押制度在理论上尚未形成统一的认识。本文试图从船舶扣押的法律性质,申请扣船条件,船舶扣押的程序及其有关的问题加以论述,以求教益。在我国,船舶扣押是指在海事请求发生后,具有扣船管辖权的法院根据海事请求人在海
Internationally, arrest as a maritime preservation measure is widely used in litigation and non-litigation of maritime disputes. In our country, with the establishment of the maritime court, arrests also occur from time to time. However, due to the imperfect maritime legislation in our country and the relatively late establishment of the judiciary to deal with maritime disputes, there is no theoretical consensus on the system of seizure of ships. This article attempts to discuss the legal nature of seizure of ships, the conditions for applying for seizure of ships, the procedure of seizure of ships and the related issues, so as to seek for reference. In our country, the seizure of ships means that after the maritime claim has taken place, the court having the arrest authority shall, according to the requirements of the maritime claimant in the sea