Study On The Harmonization Of Chinese Admiralty Legislation In The View Of Modern Admiralty Legislation

This paper, stating from the general theory of Harmonization of Admiralty Legislations and practical problems, in the level of National Law and International Convention, Inland Water Legislation and Sea Legislation, Central Legislation and Local Legislation, Admiralty Legislations and Related Legislation, analyses the trend of Modern Admiralty Legislations Harmonization, discusses the harmonization of Admiralty Legislations. The papers objectively evaluates the premise of existing Admiralty Legislations, Admiralty Legislative efforts to solve difficult problems encountered in practice, combined with Modern Admiralty management advanced concepts and integrated transport regulations, discusses the Admiralty Legislation which can suit for the modern admiralty administration and for Maintain of Marine rights.The paper includes Six Chapters:the first Chapter is research of basic theory of Admiralty Legislations, this Chapter makes an object overview of Chinese Admiralty Legislation Connotation, Extension and Characteristics, analyses the basic theory of Maritime Legislation Coordinatio from system theory, jurisprudence, economics and administrative management, research its theory foundation, then it analyses the Admiralty Legislation modernization and intendancy of Modern Admiralty Legislation development, lays a solid foundation for further review and adjustment of China’s Maritime Legislation. The second Chapter is research of the harmonization between National Law and International Maritime Conventions in Admiralty Legislations. Basing on the research of statue of UNCLOS and International Maritime Convention plays in Modern Admiralty Legislations, this Chapter makes a research of status of international Conventions in domestic legal system and its trend of development, and analyses that how to deal with the International Conventions, which china concluded, the relations between the Domestic law and International law, and IMO compliance audit mechanism. The third Chapter is a research of the harmonization between Inland Water Legislation and Sea Legislation in Admiralty Legislation, points the Model of Admiralty Legislation wich adopts parallel and division ways, discusses the existing problems and show the foundermental resolutions.The fouth Chapter is a research of the harmonization between Central Legislation and Local Legislation in Domestic Admiralty Legislation. Local Legislation is a part of Modern Countries’s Legislation, basing on a review of Domestic Local Admiralty Legislations, this Chapter defines the relationship between Local Legislation and Central Legislation in the Admiralty Law, then it makes the analysis of the conflict between Local Admiralty Legislations and Central Admiralty Legislations, points out that the necessity of Local Legislation in China’s Admiralty Legislation, and presents the basic idea of coordinating the relationship between the Local Legislations and the Central Legislation. The fitth Chapter makes a research of the harmonization between Admiralty Legislation and related Legislations. This Chapter, basing on analysis of the Admiralty Legislation boundary, it analysis of the composition and system design of maritime Legislation in the above countries and regions, then this Chapter does a research of cross overlap among the Admiralty Legislation, marine Legislation, fisheries Legislation and customs Legislation, then makes a suggestion to coordinate them. The last Chapter is the improvement of our Admiralty Legislation. This Chapter first analysis the confliction between the Modern Admiralty Legislation and Chinese Admiralty Legislation, advocates the coordination ways of domestic maritime Legislation, and studies the coordination details between the domestic law and International, Inland Water Legislation and Sea Legislation, Local Legislation and Central Legislation, Admiralty Legislation and related Legislations, gives suggestions to coordinate Chinese Admiralty Legislation under Modern Admiralty Legislation.