Contemporary Maritime Law of China, its sources and features

Abstract

China is one of the largest maritime powers bordering Russia. Our countries have long-standing ties of friendship and cooperation. In this regard, studies of the legal system of the PRC, including in the part relating to the law of the sea, are of particular relevance. China is a country with maritime traditions dating back to ancient times and experience of shipping with thousands of years. The geographical position of China with access to the Yellow, East China and South China seas, the long coastline, more than 700 ports and the world's largest merchant fleet allow the Chinese leadership to put on the agenda the ambitious task of turning China into a "powerful maritime state". However, it is obvious that it is impossible to implement such plans without a developed Maritime Law, which is the general basis of the Maritime industry. In 1982, China signed the 1982 UN Convention on the Law of the Sea, and in 1996 ratified it, making appropriate changes to its Maritime legislation. In addition, a number of laws have been adopted that are of fundamental importance for the development of the Chinese economy and its Maritime component. On the one hand, China is a country with a Communist ideology and the dominant role of the Communist party in all spheres of public life, on the other-actively using market mechanisms. This is the so-called formula of "socialism with Chinese characteristics". Thus, the PRC ideologically remains a socialist state, but at the same time widely uses elements of capitalism. Hence the peculiarities of the Chinese legal system in General and Maritime law, in particular. In addition, according to the Deng Xiaoping doctrine "one country, two systems " distinguish between the legal systems of mainland China, Hong Kong and Macao. Unlike mainland China, Hong Kong's legal system is based on English common law, while Macao is characterized by a continental legal system inherited from Portugal.