About the ownership issues and safety management suggestions for three-no ships

"Three No Ships" refers to ships with no ship name, no ship certificate, and no port of registry. The issue of the ownership of the three-no ships has always attracted much attention, especially the safety management suggestions for the three-no ships. Let me give you a detailed introduction to the ownership issues and safety management suggestions for Sanwu ships. The issue of ownership of ships with "three no's"

"Three no's" ships refer to ships with no ship name, no ship number, no ship certificate, and no port of registry. Those who forge the name, number, and port of registration of another ship, or forge ship certificates and certificate registration items that are inconsistent with the actual ship, will be treated as "three illegal" ships. The reason for the emergence of "three-no" ships is mainly based on the following reasons:

The ownership of the "three-no" ship

1. The shipowner retains the ship certificate and only transfers the hull Others, that is, "selling the ship but not selling the certificate";

2. The ship owner failed to replace the ship certificate in time due to negligence or financial reasons, causing the ship certificate to expire;

3. Purchase from others Ships that are scrapped or about to be scrapped cannot apply for a ship certificate;

4. The ship owner has privately modified the purchased ship, and the ship cannot pass the inspection of the ship inspection department and be put into operation. Due to the many hidden dangers of "three-no" ships, they have always been the focus of supervision by administrative departments, and relevant administrative regulations, departmental rules and normative documents have been issued to regulate them. However, in trial practice, there are still some issues worthy of discussion.

Can we enjoy ownership rights for ships with "Three Nos"?

First, granting ownership of ships with "Three Nos" does not comply with my country's legal principles of property rights. Article 5 of my country’s Property Rights Law stipulates that the types and contents of property rights shall be prescribed by law. The "three-no" ship has not been inspected by the ship inspection department, and has not obtained relevant ship certificates and registrations. It does not enjoy the property rights under the property law because it is inherently illegal;

Secondly, the "three-no" ship is given Ownership will lead to over-protection and is not conducive to the maintenance of shipping order.

?Three Nos? Ships are not necessarily prohibited from circulation.

According to the content and degree of illegality, ships with "Three Illegal Regulations" can be divided into "procedural illegality" and "substantial illegality". The former refers to the "Three No" ships that lack relevant certificates but apply for and obtain relevant certificates in accordance with certain procedures. This mainly refers to situations where the ship meets the safety inspection requirements and does not apply for the ship certificate renewal period for some reason;

The latter refers to the "Three No" ships that do not meet the inspection requirements and cannot be certified according to certain procedures to make them legal ships, such as overage ships engaged in operation, imported scrap steel ships, etc. Ships with "Three Nos" that are procedurally illegal can be converted into legal ships and enter the ship trading market after passing the procedural corrections.

In maritime affairs, the maritime court and the maritime department often cooperate with each other to conduct centralized reviews of qualified "three-no" ships, and the judgment confirms that the shipowner has ownership of them, and the maritime department centrally handles the ship's Registration procedures not only help regulate water transport order and the ship trading market, but also lay the foundation for efficient hearing of possible ship ownership disputes. Even if it is a scrapped "three-no" ship, the shipowner can transfer it to others as scrap steel and have it dismantled by the buyer under his supervision.

On the premise that the shipowner has ownership of the "three-no" ship, the ship lease contract or sales contract signed between the shipowner and others is also legal and valid.

According to the provisions of Article 10 of the "Interpretation of the Supreme People's Court on the Applicable Legal Issues in the Trial of Sales Contract Disputes", the ownership of the ship is also transferred from the time of delivery. When there is a conflict between delivery and registration, Delivery takes priority over registration. To take a step back, even if the ownership of the "Three Nos" ship is denied, according to the principle of distinction of property rights, the validity of the creditor's rights contract is independent of the property rights act.

Because my country’s relevant regulations on “Three Nos” ships are only prohibitive regulations rather than effective mandatory regulations, their transfer contracts or lease contracts are still legal and valid. According to the warranty theory for defects in title, the buyer can claim liability for breach of contract from the shipowner, which is more conducive to protecting the legitimate rights and interests of the buyer than confirming that the contract is invalid. Definition of ship safety management system

(1) Shipping company: refers to the shipping enterprise that assumes the responsibilities and obligations of safety and pollution prevention management, including ship owners, operators, managers and bareboat charterers.

(2) Safety management system: refers to a structured and documented system that enables shipping company personnel to effectively implement the shipping company's safety and pollution prevention policies.

(3) Certificate of compliance: refers to the certification document issued to the shipping company to indicate that the shipping company’s safety management system meets the requirements.

(4) Safety management certificate: refers to the certification document issued to a ship to indicate that its shipping company and shipboard management have operated in accordance with the safety management system.

(5) Major events in the operation of the safety management system: refers to the revision of system documents of a shipping company that has established a safety management system, major personnel and organizational changes in the system, changes in the number and type of ships in the system, changes in the shipping company's safety management system Internal audits, effectiveness evaluations and management reviews found major problems in the operation of the system.

(6) Non-compliance with regulations: refers to situations where objective evidence shows that a specific requirement is not met.

(7) Major non-compliance: refers to matters or situations that pose a serious threat to the safety of personnel or ships or pose a serious danger to the environment and require immediate corrective measures, including the failure to effectively and Systematically implement the relevant requirements of this rule.

(8) Anniversary date: refers to the day of the month of each year when the compliance certificate and safety management certificate are valid until date. The current situation of "Three No" ships

"Three No" ships are mainly distributed. At present, there are more than 100 "three-no" ships in Zhangjiagang Port, mainly distributed in the Fujiangshan South Waterway to engage in small business, recycling and privately carrying passengers. Some "three-no" ships adopt guerrilla tactics and move between the Shagang Port area and the Funan Waterway. When the guard at the wharf at the Shagang factory was lax, they stole a large amount of scrap steel from the wharf. When the scrap steel theft was severely cracked down, they returned to the Funan Waterway. Most of the "three-no" boats have rented private houses on Shuangshan Island as their temporary residence. Some ship owners have taken root in the local area and have lived there for a long time.

?Three no? Ship conditions. The "Three No Ships" belong to the "Three No Ships" (no ship name, no ship certificate, no port of registry). They are generally wooden hulls on inland rivers in Wuhu and other places in Anhui Province, with a length of 8-10 meters and a width of 1.6-2 meters. Except for Arched shields are set up outside the bow and stern of the ship to serve as cargo storage and resting places for personnel. A paddle-mounted propeller is set up at the stern to power the ship. A family can basically live and eat on board. It is difficult to look out during navigation, and there are no high-frequency telephones commonly used by ships. The "three-no" ships communicate with each other through mobile phones. There is a general lack of necessary navigation safety equipment, navigation safety skills, and life-saving equipment.

?Three no? Scope of ship operating activities. The first is to dock at docks, moor pontoons, and anchor ships, especially adsorbing the sides of foreign ships, to engage in the sale of tobacco, alcohol, and food; the second is to engage in the transportation of people on ships as private ferries; the third is to recycle ship waste materials; the fourth is to facilitate the prostitution of crew members. , the impact is extremely bad.

"Three no's" means of ship operation. In order to gain greater profits, the operating methods have also evolved from initial transaction negotiations to the use of rope flying hooks on some ships, climbing onto foreign ships without authorization, robbing and stealing foreign ship materials, or colluding with foreign ship crews to steal and sell ship equipment and materials, transshipment and smuggling items and other illegal means. gt; gt; gt; More exciting on the next page? Three Nos? The origin of the ship?