Abstract

In China, the maritime injunction system has been in operation for more than 20 years since the entry into force of the "Special Maritime Procedure Law of the People's Republic of China " ( hereinafter referred to as the " Maritime Procedure Law " ). It is a creative provision for the preservation system of civil procedure law, which is applied to the field of maritime practice and aims to protect the legitimate rights and interests of applicants in " emergency situations. " Based on the discussion of the nature and function of maritime injunction, this paper makes an empirical study on the data of maritime injunction judgment documents and typical cases of maritime injunction in the past three years, analyzes the problems existing in the specific application of the system in current maritime disputes from the current situation of practice, and puts forward some suggestions on the constituent elements and procedure setting of the application of maritime injunction system.

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