Maritime Conflict Of Laws Legislative Studies

As the global crises of population, environment and resources become more and more serious, the prophesy, which says: The ocean is the future of human beings, get more and more attention. 21st century is the century of the ocean. The ocean is the key to the future of the world. The ocean, which the main stage of the global economy has being transferred to, become the apple in every nation's eyes.As an independent division of private international law, conflict of maritime laws has its own characteristics and legal system, which play an important role in the regulation of international maritime legal relationship and international cooperation. A fully developed legal system of Conflict of maritime laws not only can promote the unification of private international law, but also has important significance in the settlement of maritime disputes and the development of international economy.Chapter 14 of maritime law of PRC stipulates the legal application of international maritime relationship. This chapter consists of nine articles, which include general provisions, maritime contract, ownership of ship, montage of ship, maritime lien, the compensation of collision of ships, adjustment of average and limitation of maritime liability. These provisions reflect the principles of sovereignty, equity, autonomy and respect of international conventions and practices. The chapter not only refers to international practices and fill a gap in legislation, but also adopts the pattern of special chapter. Of course, there are many flaws in it. For example, it makes no provisions in the field of lien of ship and marine salvage, and the provision of adjustment of average is not reasonable. Even so, it is the first to stipulate the legal application of international maritime relationship systematically. It fill a gap in the legislation of application of maritime laws and improve the legal system of private international law. It remains a millstone in the development of legislation of conflict of maritime laws.As the development of the industry of transportation and enter into WTO, the problems in conflict of maritime laws become more and more serious. To meet the urgent need of practice, conflict of maritime laws has been absorbed in the draft of the civil Code, which makes big progress in the legislation of this field, but there are lots of flaws in the draft of the civil code. At first, in the positioning and system of conflict of maritime laws, the draft has adopted the dispersal pattern. As the modern industry of transportation has developed rapidly, the conflicts of maritime laws become more and more complicated, which challenge the positioning and function of it. It should be enacted in the pattern of code or special chapter. Second, it is not reasonable in the arrangement of the provisions, such as the lack of the general provisions, reversal of the order of the provisions of collision (art. 84) at sea and of marine salvage (art. 53). The limitation of maritime liability should be prescribed in an individual article. Third, in the aspect of the scope of stipulations, the draft has been supplemented in marine salvage and common average, but it makes no provisions in the fields of maritime agreement, lien of ship and maritime tort except collision, which create a vacuum in the legal system. At last, because of the rapid development of the industry of transportation in the world and the increasing complexity of the maritime legal relationship, there are more and more contradictions between inflexible provisions and the development of international trade and the industry of transportation. In accordance with the fundamental reality of China and the international development trend, we should soften and improve some provisions to meet the need of economy development.There is a big gap between the provisions of the draft of the civil code and the international legislative trend and the need to develop the marine industry in China. This article will formulate the theory of conflict of maritime laws based on chapter 14 of maritime law of PRC, make comprehensive analysis of the relevant articles in the draft of the civil code and put forward the proposal on how to improve the legal system of conflict of maritime laws in China.