On The Study Of The Maritime Injunction

The establishment of the Maritime Injunction was unprecedented in China's preservation of behaviors. Through reading some relevant law books and laws and after the consultation to some judges in the maritime law court and lawyers, a study and discussion was made on it. Chapter 2 are mainly about the origin, application, characteristics, objectives; preconditions, relevant ways and procedures of application to court; world-wide Mareva Injunction and its exterritorial effectiveness. More attention is drawn to the comparison of the relevant ways and procedures and exterritorial effectiveness between them, because they are well worth referring and studying. In chapter 3, it focuses on the study of the preservation of the maritime claims, including mainly the followings: the meaning of the law term, jurisdiction, application, security, award, review, objection, discharge and the scope of the properties, etc, because they are quite consistent or similar in many aspects. At the same time, the study of the preservation of the maritime claims is quite helpful in better and fully understanding the Maritime Injunction and the concept of "behavior". At the last part of this chapter, a comparison is made between them. In chapter 4, the thesis dwells on the relationship between the Maritime Injunction and Advance Execution, because prior to the establishment of the Maritime Injunction, quite a few similar cases were trialed on the basis of Advance Execution, which was quite groundless actually. They have a lot in common, meanwhile differences are quite obvious. Chapter 5 consists of mainly: the theoretical and practical grounding in the establishment of the Maritime Injunction; its characters, objectives, application to court, jurisdiction, award, review, objection and security; wrong application and compensation and two newcases. In chapter 6, it highlights the fallowings: the name of the Maritime Injunction and the system of the Maritime Procedure Law, because the name of the law terms should embody its legal property; the definition of the Maritime Claims. Misunderstanding may arise without a clear definition; the content and reasons of the application to court, because they are quite general, so we can refer to the Mareva Injunction on this point; the time and ways in the application of the Maritime Injunction. There is no specific stipulation in it, we can refer to Mareva Injunction, too; whether it is possible to grant a Maritime Injunction to a third person, the answer is yes. The inexecution of the Maritime Injunction, what to do if the purpose can't be realized through the punishment; the exterritorial effectiveness of the Maritime Injunction. There is no stipulation in it, our benefits can be better maintained if we have similar provisions like those in Mareva Injunction and the relevant laws in other countries; The last one is the impact of the Maritime Injunction to the lawmaking of the Civil Procedure Law. Similar preservation of behaviors should be extended to the civil action. The suggestions and viewpoints summarized here are for the purpose of being beneficial to the development and the perfection of the Maritime Injunction and the relevant lawmaking in Civil Procedure Law. In conclusion, the Maritime Injunction will be developed and perfected following the study of the relevant law theory and the maritime judicial practice. Only in this way, will the judicial function of the maritime law court be better exerted, and the parties' benefits be better protected.