It is shown that Special Maritime procedure Law of the People's Republic of China, 1999(Hereinafter referred to as the Maritime procedure Law) refers to the regulations of International Convention on Arrest of Ships 1999 pertaining to arrest of ship and consequently China has basically established the rules as to arrest of ship in concord with international convention in legislative and judicial aspects.
Resorting to The Maritime Procedure Law of the People 's Republic of China, 1999 and making reference of specific procedure on litigious trial in maritime court, the author is to analyze the difference between the two nations and attempt to make the litigation more perfect through discovering the shortcoming and questions.
The Maritime Procedure Law of People's Republic of China (hereinafter referred to as the "Maritime Procedure Law", MPL), which was enacted at the 13th meeting of the Standing Committee of the 9th session of the National People's Congress of China (NPC, legislator) on 25th December 1999 and implemented on 1st July 2000, reflected the characteristics of maritime actions and arrest of ship.
The Maritime Procedure Law only contains eleven articles stipulating the procedures with respect to the operation of the maritime injunction system, which are too simple in the sight of the important role this system plays in The Maritime Procedure Law, and are sure to bring about many obstacles in the smooth operation of this system.
Concerning the action of subrogation in marine insurance, although we can depend on the stipulations of special procedure law in maritime action, civil procedure law and other correlative laws of the People's Republic of China, these stipulations are limited and deficient in some aspects, and the action of subrogation in marine insurance has its own particularity, so there is much disagreement in judicature and theory.
Maritime Litigation Special Procedure law of PRC was put into effect on 1st, July 2000, which is the procedure law legislation equivalent to the substantial law, Maritime Code of PRC.
According to the national and other countries' related law which is liability limitation procedure of maritime claims, and with the analysis and study depend on practice, the writer put forward some judicial suggestion about it.
This thesis has made some investigation on the regulations on the system of arrest of ships in the Special Procedural Law of Maritime Litigation ofPRC.
The "Special Maritime Procedure Law of the People's Republic of China" effective as of July 1st, 2000 set up the maritime injunction in the nature of preservation of maritime action, which transcends the bounds of the preservation of assets and is a breakthrough and progress in the preservation of civil procedure of China.
During the process of discussing the ship in charge, combining legislative purpose and relevant theory, the author analyses the range of the owner and demise charter in 'Special Maritime Procedure Law of the People's Republic of China' and draws the conclusion.
In order to validly protect the crew's benefit and to widely provide more opportunities and areas for the crew to file a claim before the court, the Special Procedural Law for Maritime Proceedings (SPL) empowering the crew's right of lodging an application for arrest a ship, in the meanwhile, provides the relevant forum shopping of the dispute. However, the SPL has not yet settled the question whether the case of dispute on domestic crew's labor contract should be applicable to the above Rule or not. The pa...
Maritime Injunction is solely stipulated by Maritime Procedure Law of the People's Republic of China as a kind of preservation of maritime claims. By and transplanting some provisions in this regard from the international practice, maritime injunction helps to smooth the running of maritime justice, but it is not without its deficiency which necessitates a close observation and a ready modification. This thesis conducts a systematic analysis of the defaults of maritime injunction system, and meanwhile, prov...
According to the Article 14 of the 1976 Limitation Convention, the implementation by the States Parties to the 1976 Convention required new thinking in the legislatures concerned, and it cannot be surprising that there are differences. The fundamental distinction is whether people make the action of invoking limitation of liability as a lawsuit against the maritime claimants. The maritime claimants' claims and the shipowners'pleading are based on the same right and duty, that is, the responsibility of compe...