What is the priority of crew and passengers in the event of an emergency when the ship is in an emer

Passengers, crew, captain.

In a crisis situation, passengers are equivalent to guests, inexperienced, it is dangerous to stay for a moment longer, and it is useless to stay.

The second reason for the crew is that the crew is responsible for assisting the evacuation and assisting the captain.

In the end, the captain ran away first, and the whole ship played, and there was no hope at all. He stayed to minimize his losses.

1. If the maritime claim has not yet arisen, the maritime claimant has not obtained the maritime claim, so there is no repayment. or if the maritime claim has arisen but is extinguished due to liquidation, set-off, confusion, abandonment, etc., the maritime claim ceases to exist. As a subordinate security interest, the purpose of the priority right of the ship is to satisfy the maritime claim, and if the above-mentioned circumstances occur, the priority right of the ship naturally does not arise or has been extinguished although it has arisen, and of course there are no prerequisites for exercising it.

2. Although there is a maritime claim between the parties to the maritime claim that has expired, if the maritime claim has not yet expired, the responsible person has no obligation to perform, so the fact that the maritime claim has not been repaid, the priority of the ship has not yet been exercised, and the right holder cannot exercise the priority of the ship.

3. If the responsible person has fulfilled the specific maritime claim for the expiration of the repayment period, the maritime claim will be extinguished together with the ship's priority right, and the ship's priority holder will naturally no longer be able to exercise the priority right. Only when the maritime claim has reached the end of the settlement period and the responsible person fails to perform the conditions for the exercise of the ship's priority can be fulfilled. Non-performance includes complete non-performance and incomplete performance, and for the latter, the right holder can still exercise the ship's priority right in respect of the unperformed part according to the inseparability of the ship's priority right.

4. Ship PriorityIf the ship priority has not yet arisen, there is no so-called exercise problem. Although the priority of the ship has been created, it must still exist effectively before it can be exercised. Therefore, if the priority of the ship ceases to exist due to the relevant extinguishment cause, the validity of the existence of the priority of the ship is lost, and the maritime claimant becomes a general creditor and can no longer exercise the priority of the ship.

5. The ship is within the jurisdiction and can be seized by the court. This is for the ultimate realization of the right of first refusal of the ship. Since the exercise of the ship's priority must be the arrest of the ship by the court, and the judicial power of the court, subject to the sovereignty of the state, can only be exercised within its jurisdiction and has no extraterritorial effect, the premise of the arrest of the ship is that the ship must be within the jurisdiction of the court.

At the same time, the ship must also be able to be arrested by the court, and if for some reason the court is unable to arrest the ship (e.g., the ship cannot be found, and the ship's home port is not known), the ship's priority cannot be exercised. Therefore, the fact that the ship is within the jurisdiction of the court and can be arrested by the court is a prerequisite for the preferential right of the ship.

The following maritime claims shall have priority for the ship: (1) Requests for payment of wages, other labor remuneration, crew repatriation expenses and social insurance expenses incurred by the captain, crew members and other personnel working on board the ship in accordance with labor laws, administrative regulations or labor contracts; (2) Claims for compensation for personal ** that occurred during the operation of the ship; (3) Requests for payment of tonnage tax, pilotage fee, port charge and other port fees; (4) Requests for payment of salvage funds for shipwreck rescue; (5) Claims for compensation for property arising from infringement of the ship in the course of operation. If a ship carrying more than 2,000 tons of bulk cargo oil holds a valid certificate proving that it has carried out civil liability insurance for oil pollution damage or has a corresponding financial guarantee, the claim for compensation for the oil pollution damage caused by it does not fall within the scope of item (5) of the preceding paragraph.

Article 22 of the Maritime Law.

1. These maritime claims have the priority of the ship:

1) Requests for payment of wages, other labor remuneration, crew repatriation expenses and social insurance expenses incurred by the captain, crew members and other staff working on board in accordance with labor laws, administrative regulations or labor contracts;

2) Claims for personal compensation incurred in the operation of the ship;

3) Requests for payment of tonnage tax, pilotage fee, port charge and other port fees;

4) Request for payment of salvage funds for shipwreck rescue;

5) Claims for property compensation arising from infringement of the ship in operation.

2. If a ship carrying more than 2,000 tons of bulk oil holds a valid certificate proving that it has carried out civil liability insurance for oil pollution damage or has a corresponding financial guarantee, the claim for compensation for the oil pollution damage caused by it shall not fall within the scope of subparagraph (5) of the preceding paragraph.

3. Legal basis: Article 22 of the Maritime Law of the People's Republic of China.

1. Can the docked ship be auctioned?

1. The docked ship is within the scope of the people's court's enforcement property, and the people's court may auction the docked ship. If the sponsor has any objection to the auction, he may apply for an objection to enforcement.

2. The full name of affiliation is the operation of enterprise affiliation, which is an industry term that refers to the subordination or dependence of an institution or organization to another institution or organization.

Provisions of the Supreme People's Court on the Auction of Qi Jujube and the Sale of Property in Civil Enforcement by the People's Courts

Article 1: During enforcement procedures, after the property of the person subject to enforcement is sealed, seized, or frozen, the people's court shall promptly conduct an auction, sale, or take other enforcement measures.

Article 2: When people's courts dispose of sealed, seized, or frozen property at a discounted price, they shall first adopt the method of auction, except as otherwise provided by laws and judicial interpretations.

Article 17: In any of the following circumstances before the auction begins, the people's court shall withdraw the auction entrustment:

1) The effective legal document on which enforcement is based has been revoked;

2) The applicant for enforcement and other enforcement creditors withdraw the application for enforcement;

3) The person subject to enforcement has fully performed the monetary debts determined in the legal documents;

4) The parties have reached an enforcement settlement agreement and do not need to auction the property;

5) A person not involved in the case raises a well-founded objection to the auctioned property;

6) Malicious collusion between the auction institution and the bidder;

7) Other circumstances in which the auction entrustment shall be withdrawn.

Provisions of the Supreme People's Court on Several Issues Concerning the Law on the Use of Ships in Arrest and Auction

Article 3 If a ship is seized because the bareboat charterer is responsible for the maritime claim, the maritime court shall allow the maritime claimant to apply for the auction of the ship for the purpose of paying off the debts of the bareboat charterer arising from the operation of the vessel.

Based on the above analysis of the above-mentioned view that the nature of the ship's priority is a special security interest and its characteristics, the exercise of the ship's priority should have the following characteristics:

1. The specificity of the subject matter.

This is determined by the property right of the ship's priority, and the exercise of the ship's priority right can only be directed at the maritime property prescribed by law, and the parties may not expand it at will. The scope of specific maritime property varies from country to country, but the subject matter of the ship and its attachments is common. The Maritime Law only stipulates that the ship and its attachments are the subject of the exercise of the priority right of the ship, and the right holder may exercise its rights against the ship that gives rise to the maritime claim, that is, the ship concerned, and the ship that is not the party cannot be the subject of the exercise of the priority right of the ship.

2. Relative uncertainty of the obligor.

Relative uncertainty of the obligor (ship owner). In common law, the right of priority of a ship is exercised through a procedure in rem in which the plaintiff does not have to name the responsible person as the defendant in the action. In the civil law system, since there is no lawsuit in rem, the lawsuit can only be filed against the person, and according to the legal principle of the corresponding rights and obligations, the priority holder of the ship in the litigation should have an obligor corresponding to it, and this obligor is the owner of the ship.

Since the ship can be leased or transferred, and its possession and ownership relationship is in a state of flux, the subject of the obligation of the priority of the ship is also in a relatively uncertain state. When the priority right of the ship arises, the ship is owned by A, and by the time the priority holder exercises the priority right, it may have been owned by B, and the obligor has changed. It is precisely this relative instability that causes considerable trouble to the right holder to determine the respondent or defendant when applying for the arrest of the ship or filing a lawsuit, and the obligor can cross borders, so it is often difficult to exercise the priority right of the ship by means of a personal lawsuit.

One of the most important reasons for the common law system of exercising the priority right of a ship by means of litigation in rem is that one of the advantages of litigation in rem is that it can avoid this difficulty and facilitate the right holder. Article 25 of the Maritime Procedure Law stipulates that if a maritime claimant applies for the arrest of the vessel concerned and cannot immediately ascertain the name of the respondent, the application shall not be affected. This provision provides considerable convenience for the priority holder of the ship to exercise its rights.