对物诉讼与我国的船舶扣押法律制度

对物诉讼源于罗马法,却只在英国得到延续,并在其海事诉讼中得到巨大发展.随着英国殖民者将对物诉讼制度带到其殖民属地,移植法律与本地法律互相作用,逐渐发展出英美法系各国目前各具特色的扣船制度,其中最有代表性的莫过于英美两国的对物诉讼制度.我国的扣船制度既坚持了对人诉讼的传统,又大胆吸收了对物诉讼制度的合理内涵,反映了国际船舶扣押立法中对人诉讼与对物诉讼相互融合的良性发展态势.

On Action in Rem and Law of Ship Arrest in China

Action in rem was first founded in Roman,but it survived only in England,and thrived in its maritime procedure.After the England colonizers brought their law to the colonies,the law of ship arrest or action in rem develops with the native laws in the colony.So the law of action in rem usually differs little one from another in these common-law countries.It is no doubt that the laws of England and U.S.A are the most representative ones of two types of action in rem among these countries.The law of ship arrest in China is built on the material factors of the law of arrest for security in Civil Law and action in rem in Common Law.And it complies with the developing direction of international ship arrest law which comes from the melting and absorbing between laws of action in rem and action in personam.