船舶抵押权登记制度的规范与完善

结合大陆法系国家有关抵押登记的基本原理和立法例,针对我国《海商法》和《担保法》中有关船舶抵押登记效力“双轨制”问题以及我国尚未制定船舶抵押登记请求权制度的欠缺,从理论和实践两方面探讨了船舶抵押登记的公示、公信效力,并对船舶抵押登记请求权制度作了探讨。

Analyzing the amendment and improvement of the registration system of mortgage of ships

Based on the basic principles and legislations regarding the registration of mortgage in the countries of continental legal system, contraposing the contradictory stipulations in respect of the effectiveness of the registration of mortgage of ships in Maritime Code and the Guaranty Law, and considering the absence of the right of application system for registration of ship mortgage in the field of maritime law, this article explores into the effectiveness and compulsoriness of publicity of the registration of mortgage of ships from both theoretical and practical aspect. In addition, this article makes a tentative discussion on the right of application system for registration of mortgage of ships, and at last puts forward the writers' opinions thereof.