Comparative Search On Maritime Procedure Between PRC And UK

The first part of this thesis is to state the different legal culture and judicial system between PRC and UK on the basis of theoretical history and resource, especially the development on UK maritime litigation. And the author is to explore the objective and direction of maritime litigation reform on the view of litigious economy, that is justice and efficiency of litigation.Procedural justice has always been advocated as a way to realize legal justice by Western countries, and it is the goal of every country's litigation reform. Recent years the developing litigation system in our country has caused more and more attention and respect. Whether the procedure could realize its utmost justice or save the least litigious cost is ultimately owing to the reform and perfect of litigation system. Meanwhile, the litigation system is largely affected by social ideology and legal culture, which makes it necessary to trace the legal culture and historical development of maritime litigious proceeding.The maritime litigious proceeding in UK has been developed for some hundred years. During its separation and assimilation with civil litigious proceeding, it has developed and perfected itself, In United Kingdom, the ideology of "constitutionality"(or rule by law) has been encouraged people to fulfill his right and the judge is only an intermediate praetor. In our nation, the traditional ideology of "rule by men" has made the judge have the power to come true the parties' right, where they only were on the statue to accept and obey the outcome. Therefore it caused the two nations' totally different judicial litigation system in which the defect was manifest. In United Kingdom, the process to make the procedural justice has caused lots of waste on litigious resource, such as litigious costs, proceeding time and so on, meanwhile in China, litigious trial which is at will due to being affected by the judge's authority and objective ideology. Maritime proceeding is affiliated in civil proceeding and the enforcement of it is deeply influenced by the said factors.The second part of this thesis is to discuss the detailed maritime litigious proceeding in two nations. Resorting to The Maritime Procedure Law of the People 's Republic of China, 1999 and making reference of specific procedure on litigious trial in maritime court, the author is to analyze the difference between the two nations and attempt to make the litigation more perfect through discovering the shortcoming and questions.Maritime jurisdiction is the reflecting of litigious sovereign, especially on the foreign maritime jurisdiction. In our nation the non-substantive jurisdiction could beturned into substantive jurisdiction, but the non-substantive jurisdiction of British court, such as the issuance on freezing order, couldn't be the cause of forming the substantive jurisdiction. As to the foreign maritime jurisdiction, our maritime court should positively exercise foreign jurisdiction on the principle of effective jurisdiction and convenient jurisdiction.The preparation of pre-trial is one of the most manifest parts which showing value tendency of the litigious validity, meanwhile it is the crucial part of our nation's litigious reform to realize proceeding justice. The "one step to court" practice in our nation could far away meet the need of litigious justice. How to impair the court's authority before trial, how to fully exercise the parties' role and rectify litigious justice and efficiency should be the basic departure point to reform and perfect our preparation before trial. The litigious reform in the United Kingdom strengthen the judge's controlling power during the preparation before trial, which attempts to incur the litigious efficiency and reduce the litigious costs.The definitional confusion between the security of maritime claim and action in rem still exists. In UK, action in rem has been divided into the actual action in rem and quasi-action in rem on the grounding of their difference in specific procedure and the means which parties r...