理论界对于船舶优先权法律适用一直存以争议,尤以船旗国法与法院地法两派为主要代表。正值《海商法》施行23年欲修订之际,欲老题重谈,以对我国当前坚持“法院地法”理论为船舶优先权法律适用进行合理性论证,提出此条以不再修订为佳的建议。 Theoretical circles have always been controversial about the law applicable to maritime liens, especially the flag law and the court of law and the law as the main representative. At a time when the Maritime Law is to be revised for the next 23 years, it is an attempt to revisit the issue so as to justify our current adherence to the law applicable to maritime lien in our country. Revised recommendations are better.