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船舶扣押制度是平衡船方、货方及相关利害关系方等多方利益的结果,有必要正确地认识其价值及局限性。借助船舶扣押程序,申请人可获得索赔担保,达到择地行诉的目的;并迫使船舶所有人现身或应诉,促使争议及时解决,转移其商业风险。但是,其局限性也很明显,如申请人并非可以基于任何性质的请求申请扣押,也并非任何法院均可实施扣船;扣船择地行诉正日渐受到限制;申请人的受偿金额受限于被扣船舶的价值;船舶优先权人申请扣船的期限短暂;扣船请求权受到相应的海事责任限制制度的限制等。
The system of seizure of ships is the result of balancing the multi-stakeholder interests of the ship, the cargo ship and the relevant stakeholders. It is necessary to correctly understand its value and limitations. With the help of the ship seizure procedure, the claimant can obtain the guarantee of the claim so as to achieve the purpose of selectively making the appeal. It also forces the owner of the ship to show up or respond to the litigation so as to promptly resolve the dispute and divert its commercial risk. However, its limitation is also obvious. If the applicant can not apply for seizure on the basis of any request of any nature, not any court may enforce the arrest of the vessel; the arrest of seizure is increasingly restricted; the compensation of the applicant is affected by Limited to the value of the detained ship; the short period of time for the maritime liens to apply for arresting the ship; the claim for arrest of the ship limited to the corresponding maritime liability limitation system.