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在最近公布的《最高人民法院就船舶扣押与拍卖司法解释公开征求意见稿》中,针对海事司法中船舶扣押与拍卖中的突出问题提出了众多大胆的想法,将光船承租人租赁的船舶纳入拍卖的标的,无疑是一项重大的突破,光船承租运输在现今海运当中比比皆是,“船东”的外延越来越大,光船承租人独立于船舶出租人成为托运人而与承运人签订海运合同,对推动海运发展和繁荣意义重大。但是,光船承租人往往由于自身经济实力所限,在面临航运纠纷和船员劳务纠纷时,往往面临“资不抵债”的局面,将光船承租人承租的船舶纳入承租人的偿债财产范围内,对维护承运人的合法权益,保障海事司法的效果,推动海运行业健康发展意义重大。
In the recently released Public Comment Draft of the Supreme People’s Court on Judicial Interpretation of Ship Seizure and Auction, numerous bold ideas were put forward on the outstanding issues of seizure and auction of ships in maritime justice. The inclusion of ships leased by bareboat charterers The subject matter of the auction is undoubtedly a major breakthrough. The bareboat charter transport abounds in today’s maritime transport. The extension of the “shipowner” is becoming larger and larger, and the bareboat charterer becomes the shipper independent of the shipowner The signing of a sea contract with the carrier is of great significance in promoting the development and prosperity of the maritime transport. However, often due to their limited economic strength, bareboat charterers often face “insolvency ” in the face of shipping disputes and crew labor disputes, and include the chartered vessels of bareboat charterers in the settlement of the lessee Within the scope of the property, it is of great significance to safeguard the legitimate rights and interests of carriers, safeguard the effectiveness of maritime justice and promote the healthy development of the shipping industry.