| 1. | ( 5 ) on the identification of the ship operator ' s legal status
( 5 )船舶经营人法律地位的确定问题。 |
| 2. | The identification of " ship operator " is one of the important issues , which cries for settlement in maritime judicial practice
船舶经营人的识别问题是海事司法实践中迫切需要解决的重要问题之一。 |
| 3. | However in the case of a ship owned by a state and operated by a company which in that state is registered as the ship ' s operator , " owner " shall mean such company
但如船舶为国家所有而由在该国登记为船舶经营人的公司所经营, “船舶所有人”即指该公司。 |
| 4. | Although , the concept of " ship operator " has already existed in relevant international conventions and china maritime code , there are still opinions varied on its specific meaning
虽然船舶经营人的概念早已在有关国际公约和我国《海商法》中出现，但对于其具体含义却众说纷纭。 |
| 5. | Therefore , it is very necessary to analyze the legal features of ship operators so as to establish relatively reasonable and feasible standard for identifying ship operators
因此，十分有必要在理论上明确船舶经营人所应具有的法律特征，为识别船舶经营人提供一个比较合理可行的标准。 |
| 6. | Moreover , this thesis attempts to probe into some relevant issues such as the legal liability of ship operators , ship operators " registry and insurance , so as to contribute to the relative regulations concerning ship operators
在此基础上，文章对船舶经营人的法律责任、登记、保险等相关问题都作了尝试性探讨，以求对完善我国与船舶经营人有关的法律规定有所裨益。 |
| 7. | Article 21 a maritime lien is the right of the claimant , subject to the provisions of article 22 of this code , to take priority in compensation against shipowners , bareboat charterers or ship operators with respect to the ship which gave rise to the said claim
第二十一条船舶优先权，是指海事请求人依照本法第二十二条的规定，向船舶所有人、光船承租人、船舶经营人提出海事请求，对产生该海事请求的船具有优先受偿的权利。 |
| 8. | Seaworthiness is not only applied to the ship , but also to the safety management of ship owners , operators and managers . the code , as well , provides that not merely the ' company " but everyone shall be responsible for ism compliance , liable for non - conformities ,
适航主体扩大至船东、船舶经营人、管理人的安全管理责任，不再仅限于船舶，规则同样要求任何人均遵守该规则，并承担违反规则的责任，而不仅是“公司” 。 |
| 9. | By analyzing the relative regulations in some international conventions , author thinks that in nature a ship operator should be a kind of person who could possess or control a ship or ships legally . with this feather or standard , author further concludes certain standards for the identification of ship operator
通过对《 1967年统一船舶优先权和抵押权公约》和《 1976年海事赔偿责任限制公约》对船舶经营人相关规定的分析，笔者认为船舶经营人在本质上应当是“能够合法地占有或控制船舶”的一类主体。 |
| 10. | Owning to the confusion in understanding of what constitute a ship operator , this thesis should grasp the legal features that a ship operator should have through analyzing the primary intention of setting up the concept of " ship operator " , but not starting with those existed forms of so called " ship operator " in practice
由于实践中对“船舶经营人”这一称谓的使用比较混乱，使得对船舶经营人的研究不能从实践当中业已存在的各种“船舶经营人”的表现形式入手，而必须从法律创设船舶经营人这一概念的本来意图去把握它应当具有的法律特征。 |
