A Comparing Study On Procedure Of Limitation Of Liability For Maritime Claims

Limitation of liability for maritime claims is an important and special system in maritime law. Maritime Code of the People's Republic of China also makes some provisions for it. The performance of substantive law should be ensured by procedure law. In order to implement this system, Special Maritime Procedure Law of the People's Republic of China stipulates the procedure of constitution of limitation fund for maritime claims, and procedure for registration and repayment of debts. They hope that the procedure problem can be solved by this procedure law and Civil Procedure Law of the People's Republic of China. However, because Special Maritime Procedure Law of the People's Republic of China does not stipulate a complete procedure of limitation of liability for maritime claims, some issues still can not be settled.This essay makes the procedure of limitation of liability for maritime claims as the research aim. By corrfpare and comparison, the writer analyses the current provisions of procedure of limitation of liability for maritime claims in Special Maritime Procedure Law of the People's Republic of China, thinks about the related problems, and at the same time, gives some advice about improvement.There are four chapters in the essay.Chapter one, General Narration. In this chapter, the writer gives the concept and significance of procedure of limitation of liability for maritime claims, and the related law in international conventions.Chapter two, the Procedure of Constitution of Limitation Fund for Maritime Claims. In this chapter, the writer compares and analyses the related law of some aspects in international conventions, other nations and China.Chapter three, the Procedure of Limitation of Liability for Maritime Claims. First, the writer compares the related law in other nations and China. Then , the writer puts out the problems occurred because of not stipulating a complete procedure of limitation of liability for maritime claims.Chapter four, the Improvement Advice of Completing Procedure of Limitation of Liability for Maritime Claims. In this chapter, the writer suggests that Special Maritime Procedure Law of the People's Republic of China should stipulate a complete procedure of limitation of liability for maritime claims.