ABSTRACT

The law of corporate liquidation and insolvency appears to have developed with little regard to admiralty proceedings. This chapter aims to provide a thorough analysis of the enforcement of maritime liens in insolvency proceedings within the Chinese legal framework. It investigates the characteristics of a maritime lien under Chinese law and compares it with the concept of security rights under insolvency law, with a view to examining whether a maritime lien has the same function as a security right. The chapter also looks into the current Chinese legislation on enforcing a maritime lien in light of competing insolvency proceedings. In addition, the role of a maritime lien in cross-border insolvency circumstances is analysed. This is an area drawing little concern from Chinese lawmakers. The main scope of maritime liens is set out in Articles 21 to 34 of the Chinese Maritime Code 1992.