Maritime Action Jurisdiction

Maritime action jurisdiction is an important part of the theory of maritime procedure law and maritime trial practice. How to understand the legal definitions about maritime action jurisdiction and relevant theoretical problems, and how to grasp the handling about conflicts of maritime action jurisdiction in maritime trial practice, are of great importance to hear maritime cases successfully so as to protect the interests of both Chinese and foreign parties.As maritime action jurisdiction has its peculiarity, the author divides maritime action jurisdiction into substantial maritime action jurisdiction and non-substantial maritime action jurisdiction from the crosswise. Substantial maritime action jurisdiction means jurisdiction of maritime courts over the substantial disputes of maritime cases. It includes regional jurisdiction, exclusive jurisdiction and jurisdiction by agreement commonly. Jurisdiction by agreement is the most typical in substantial maritime action jurisdiction, so the thesis expounds it in a single chapter. Non-substantial maritime action jurisdiction means jurisdiction of maritime courts over taking measures of preservation of maritime claims and other temporary measures against the relevant property of maritime cases. It includes jurisdiction over preservation of maritime claims, jurisdiction over maritime injunction, jurisdiction over preservation of maritime evidence, jurisdiction over limitation fund for maritime claims and jurisdiction over recognition and execution of maritime judgments. Jurisdiction over preservation of maritime claims and jurisdiction over limitation fund for maritime claims are the most characteristic in non-substantial maritime action jurisdiction, so the thesis also expounds them in a single chapter respectively. In the chapter of maritime action jurisdiction by agreement, the author analyzes the parties, effect and tactics of settling distress of the jurisdiction clause of bill of lading emphatically. In the chapter of jurisdiction over preservation of maritime claims, the author analyzes jurisdiction over preservation of maritime claims, jurisdiction over thesubstantial disputes of maritime claims, the coordination of jurisdiction over preservation of maritime claims and jurisdiction over the substantial disputes of maritime cases, and jurisdiction over the cases of wrong preservation of maritime claims emphatically. In the chapter of jurisdiction over limitation fund for maritime claims, the author analyzes jurisdiction over limitation fund for maritime claims, jurisdiction over limitation of liability for maritime claims, and the coordination of jurisdiction over limitation fund for maritime claims and jurisdiction over maritime claims (jurisdiction over limitation of liability for maritime claims) emphatically. At last, the author puts forward the relevant suggestions of perfecting our Chinese maritime action jurisdiction by agreement, jurisdiction over preservation of maritime claims and jurisdiction over limitation fund for maritime claims.