| 英文摘要 |
With the particularity, international and timeliness, maritime enforcement differs from ordinary property enforcement. However, in line with the related laws and regulations current in the ROC, most ship auctions in Taiwan are carried out with the same execution procedures used in real estate auctions, mutatis mutandis, resulting in a lack of professionalism and precision in valuation of ship. Moreover, it’s not possible to inspect the ship to be auctioned, there is no mechanism for preventing bid-rigging, and there is no user-friendly interface for foreign buyers to learn about the auctions. What’s more, the advance notice of the auction is very short, which makes it difficult for the ship’s creditors to become familiar with the case and take the best course of action. Finally, the circuitous and complex procedures involved tend to hinder the ability of the ship’s obligee to exercise his rights. In China, for cases relating to ordinary property, compulsory enforcement is treated as a civil procedure; but in maritime cases, compulsory enforcement is governed by a special set of admiralty proceedings. Based on these considerations, in this paper I make a detailed study of the system for auctioning ships in the special admiralty proceedings of mainland China, pointing out the elements therein which might be adopted when making future amendments to the maritime enforcement laws and mechanisms currently used in Taiwan. |
