The Study On Maritime Injunction Legal System

The Special Maritime Procedure Law of the People's Republic of China(hereinafter referred to as the Maritime Procedure Law) was adopted on December 25,1999 and came into effect on July 1,2000.The enforcement of the Maritime Procedure Law marks the development of China's maritime legality and maritime judicial systems which gradually develop into a fairly intergrated structure with Chinese features.Also it ends the histoty that the maritime cases was tried according to the Civil Procedure Law by Chinese maritime courts.The Maritime Procedure Law is the special regulation and beneficial supplement to the Civil Procedure Law.Comparing with the Civil Procedure Law,the Maritime Procedure Law contains some novel systems,one of them is the maritime injunction system.This system solved the long-existing problem faced by Chinese maritime court to protect the lawful interest of the claimant though ordering the defending party of the application to do something or not to do something without applying law improperly.It also perfects the preservation system of our country.The maritime injunction plays a positive role in maintaining maritime economic order and legal relationship,safeguarding the parties' legitimate rights and interests in maritime action.However like any newborn system of theory, the maritime injunction will also easily be confronted with many deficiencies,whatever it is to the system itself,or the blankness in legislation,and all of these will hinder the role of it. So,it is of great importance that we discuss the maritime injunction in theory and then put forward some legislative suggestions in order to improve it.The article is divided into four parts,and it has about 30,000 words.Part one expounds the concept of the maritime injunction,then by analyzing the meaning and characteristics of action preservation,the author consents to the opinion that the nature of maritime injunction is action preservation,after that a discussion of the jurisdiction of maritime injunction,the relationship between the jurisdiction of maritime injunction and the case;finally an analysis of the application conditions and the procedures of maritime injunction.Part two discusses the similarity and difference between the maritime injunction system and domestic related legal systems.Explaining the necessity and importance of the establishment of maritime injunction by comparing the advance execution,the property preservation with the maritime injunction.Part there discusses the similarity and difference between the maritime injunction system and related legal systems in abroad.Maritime injunction system is founded by using the common law theory of Mareva injunction,together with the civil law theory of temporarily disposal for reference.After introducing the two foreign related legal systems,this part compares them with the maritime injunction system and points out the unique features that the system have.Part four focuses on how to perfect the maritime injunction system.The maritime injunction plays an important role in maritime trial.But the Maritime Procedure Law only contains eleven articles stipulating the procedures with respect to the opration of the system, which are too simple to solve the problems that out in the practice.For these,the author mainly from four points to discuss,they are improving the maritime injunction system before litigation,establishing the obligation mechanism of maritime petitioner,improving the relief channels of the defending party and improving the extraterritorial jurisdiction of maritime injunction,which explores approaches to develp and perfect the system,hoping the system will play a better role in the practice.