Foreign Maritime Proceedings Under The Jurisdiction Of A Number Of Issues

Maritime action is a special litigation system, in which maritime jurisdiction occupies an important position with its comprehensive and complex contents. Exercising correct judicial jurisdiction is the base for courts to have a substantial trial on maritime cases and the base of the recognition and execution of the conclusive convict as well. Nowadays, judicial equality and judicial efficiency are more and more concerned, and the goal that the judicial field tries to obtain is to protect people's substantial rights with the lowest litigation costs. So, maritime jurisdiction becomes the essential means to illustrate the procedure equality in maritime litigation, which directly influences the performance of the substantial law, the conclusion of the case and partier's legal rights. Obviously, it has practical meaning to study the jurisdiction system in maritime litigation with foreign elements.Beginning with the basic concept of maritime jurisdiction, the paper has a superficial study on the specialty of the maritime jurisdiction compared with the common civil litigation jurisdiction. Then, on the base of theory, and combined with relevant cases, the paper analysis the jurisdiction system comprehensively and systematically. Meanwhile, author evaluates the unique jurisdiction theory such as B/L jurisdiction clause and arresting ship jurisdiction respectively. B/L jurisdiction clause is the legal reflection of the principle of contract free. However, there are conflicts on its legal effect in different countries' domestic law.This paper takes the nature of the B/L jurisdiction clause as the starting point, combined with different countries' trial in practice, author has the opinion that the validity of the B/L jurisdiction clause should differ from different circumstances. The jurisdiction right caused by arresting of ship is convenient for the parties and can guarantee the execution of the convict. So it has become maritime claimer's general means to find proper court, namely forum shipping. However, it is also used as a way to evade laws. Through discussion on the relationship betweenarresting of ship and jurisdiction, paper makes it sure that jurisdiction right isn't the proposition of arresting of ship, and vise verse, arresting of ship doesn't cause the jurisdiction rights. Furthermore, the paper tries some effort to explain the non-convenient court principal, which can save the litigation cost and limit countries to expand their jurisdiction, and help the closest court to execute jurisdiction right.There is a very close relationship between jurisdiction and national sovereignty. It's an urgent problem to obtain the jurisdiction right and to protect national sovereignty through exercising jurisdiction right, especially after China's entry of WTO. The jurisdiction right is an important part of national sovereignty and it is also the major judicial way to carry out the national sovereignty. Under general circumstance, these two sides are in uniform. But this doesn't mean that hearing the cases equals to protect the national sovereignty well. On the contrary, sometimes abandoning the jurisdiction can protect interest of country and people better.In the last part of the paper, based on the influence and requirements caused by China's entry into WTO, the paper puts forward some advice to push our country's legal modernization. In short, there is a long way to unify the maritime private law, but the proceeding will not prevented anyhow.Feng Ling Zhi (International Law) Directed by professor Hou Jun...