我国有关错误扣船责任的立法及司法实践反映了客观归责的要求。但通过研究可以发现我国错误扣船制度的归责原则无论在理论还是在实践方面都有不合理之处。因此,认真的研究错误扣船的基本形态以及各国的归责原则来完善我国的扣船制度,无论对于充分保护当事人的合法权益,还是对于促使当事人合理的行使自己的权利都具有十分重要的意义。 Our country’s legislation on the wrong arrest of a ship and judicial practice reflect the objective imputation request. However, it can be found through research that the principle of imputation of our country’s false arrest system has irrational in both theory and practice. Therefore, it is very important for us to carefully study the basic form of wrong arrest and the principle of attribution in each country so as to perfect the arrest system of our country, which not only protects the legitimate rights and interests of the parties, but also promotes the parties to exercise their rights rationally .