Abstract

This paper examines the development of maritime law in China within the last five years, from the perspective of China's maritime legislations, cases and jurisdiction of the court, in light of the latest national strategies, such as building China into a maritime power, implementing the "Belt and Road" initiative and building China into an international shipping hub. Chinese maritime law is anticipating a reform. China has implemented various maritime-related laws and regulations in recent years, including the <i>2014 Waterway Law</i>. Besides, the 12th National People's Congress Standing Committee has formally ratified the International Labour Organization's <i>2006 Maritime Labor Convention</i> at its 16th meeting on August 29th, 2015. The Supreme People's Court has released ten maritime model cases in the conference celebrating the 30th anniversary of establishing maritime court in China. These model cases offer valuable guidance to maritime trials in the future. To improve the maritime adjudication and to turn China into a judicial hub for international maritime matters, China has undertaken reform to confer maritime court with jurisdiction to hold criminal hearings. Ningbo Maritime Court held a public court hearing over the case of "Catalina". It was the first criminal hearing in the maritime court of China. New elements of reform on criminal jurisdiction were also demonstrated in the trial of the case. Another important measure taken to perfect the admiralty jurisdiction in China is the regular publication of White Papers on maritime issues. These White Papers have summarized and highlighted some of the important maritime trials by the Maritime Courts in recent years. Meanwhile, the Supreme People's Court has issued the <i>Notice of the Supreme People's Court on Issuing the Provisions on Case Guidance</i>, which has made specific provisions on the guiding cases. Amongst the guiding cases released, some of them are relate to maritime matter.

Highlights

  • On the one hand, with the rapid development of China in the past decades, the volume of foreign trade has increased drastically and the country's economy has reached a mature state

  • China's maritime law is the fusion of Western maritime practices and principles and Chinese legal system characteristics

  • It is foreseeable that China will continue to develop its maritime law at its own pace in light of the development of the shipping industry and international conventions

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Summary

Introduction

With the rapid development of China in the past decades, the volume of foreign trade has increased drastically and the country's economy has reached a mature state. Instead of rectifying the international Conventions, China has learnt from the international maritime Conventions and set its own rules It is the country's legislator who determines the fairness and internationalized standard of maritime law. Ma Deyi and Zhou Mingyuan: Development of Maritime Law in China Within the Last Five Years: Maritime Legislation, Cases and Jurisdiction outdated.[4] The constant development of shipping business, maritime transportation and judicial practices in China calls for a change on Chinese maritime law and regulations. Many issues, such as seamen's protection and liabilities for oil pollution, are not included in the CMC. To adapt to the development of the shipping industry, China has enacted several maritime legislations

Revision of CMC and Recent Maritime Legislations
The Modernization of CMC - The Content
Creation of Liability Rules for Damages and Pollution at Sea by Vessels
Perfection of the Rights and Interests of Crewmen in CMC
Other Maritime Legislation Issues in China
Release of Maritime Model Cases and Their Legal Value
The New Criminal Jurisdiction of the Maritime Court
Publication of White Paper on Trials in Maritime Court at Regular Intervals
The Release of Guiding Maritime Cases
Conclusion
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