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Abstract Since the establishment of the International Tribunal for the Law of the Sea （ITLOS）， there have been nine cases related to prompt release process， six of which were sentenced that the defendant coastal states should prompt release the detained vessels and crews， so as to effectively solve the disputes between coastal states and flag states. Because the rules on prompt release under the United Nations Convention on the Law of the Sea are vague， and the tribunal is inconsistent on the judgement standard of the rationality of bond security and the substantive examination problem， it fails to form customary law in the practice field of prompt release. It can be determined that the judicial practice of the tribunal has played a positive role to perfect the related legal system of coastal countries. In order to maintain our marine rights， China should timely modify and improve the assistance system and solve the problem of bond security of prompt release， when Chinese fishermen are detained by foreign law enforcement．
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