At present, a uniform administrative procedural law has not been constituted in China and the government hasn't paid enough attention to the legislation and practice of administrative procedures.
In the meantime, combined with the convention, this thesis has analyzed and discussed the Rules on the Arrest of Ship 1994 and the Special Procedural Law on Maritime Litigation being reviewed in China, and put forward some proposals concerned therewith.
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.
The stipulations of maritime code, insurance code, special procedure law in the maritime litigation and the other correlative law of the People' Republic of China are not perfect.
Especially combining judicial practice of ship collision case and relevant regulation of Procedure Law>, clears the necessity of establishing limitation of adducing proof, finds the defect of present legislation, and presents a positive suggestion for perfection of present legislation.
The dispute resolution mechanisms is the core of WTO system,and the new instruments, overcoming the weakness of the old one, proves its advantage from the beginning.
System of international commercial arbitration established on the basis of the principle of the autonomy of parties and development of its practice enhanced the important role of this principle in the field of applicable law.
Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc.
Subjects who received judges' instructions performed significantly better than uninstructed subjects on questions about the procedural law, but no better on questions about the substantive (criminal) law.
Currently the Civil Procedure Law stipulates rather "high conditions" for lawsuits and the reason is that in the institutional design, we have equated the conditions of adjudicating the merits with those of lawsuits and the initiation of lawsuits.
The international commercial arbitration procedure consists of two different-natured parts, which are lex arbitration and rules of arbitration. Different from other scholars' opinion, my viewpoint is that we should discuss their law application rules respectively. There are the "seat" theory and the de-localization theory on the choice of lex arbitration. And the application of rules of arbitration shall mainly follow the "autonomy of will" rule.
The law of extradition is a kind of procedure law.It is also a special law to settle the problems of international judicial assistance in Criminal matters.In the law of extradition,the principle of political offence exemption is applied The model of administrative examination and judicial examination is workable in China.The current law of extradition is valuable in the introduction of the conception of human right protection.
Principle of universal jurisdiction is supposed to mean that as to international crime,every country has jurisdiction over the criminal in accordance with its domestic public law,as long as the real control can be realized,regrdless of the locality of the crime,the criminal nationality or the nationality of the victim.In view of the barriers in implementing the principle of universal jurisdiction,both substantive law and procedure law should be further perfected and developed to be favorable for conducting ...