Maritime Injunction System

Maritime Litigation Special Procedure law of PRC was put into effect on 1st, July 2000, which is the procedure law legislation equivalent to the substantial law, Maritime Code of PRC. And it is also the special regulation and beneficial supplement of Civil Litigation Law of PRC. This legislation action makes up the blank of china's maritime litigation procedure legislation with great meaning.Some claims concerning enforcement measure of act preservation that is not governed by property preservation procedure have arisen from judicial practice. For example, the shipper will demand the carrier to issue the bill of lading as the prima facie of the carriage contract and the evidence of delivery of the cargo after the reception or the loading of the cargo on board, but the carrier sometimes refuses to issue the bill of lading or clean bill of lading with various excuses. The carrier demand the shipper to clear customs formality in time. The owner of cargo may ask the carrier to discharge the goods. These claims don't aim at certain property but directly at certain act of somebody, so applying the property preservation in our country's civil litigation law can't solve them. Therefore maritime judgment practice needs urgently establishing a new system of enforcement which the maritime court can then rest on to enforce the defendant to do or not to do something just as the law or the contract provides for so as to protect the plaintiff's legitimate rights and interests. So, Maritime Litigation Special Procedure law of PRC creates a brand new enforcement measure to regulate act preservation, namely Maritime Enforcement Order.The system of Maritime Enforcement Order is an article of litigation law institution that is established upon Litigation Special Law. As a litigation law institution originated in our country, the theories of the system of Maritime Enforce Order still leaves many blanks to be filled in, which will definitely block its applications in practice. With an extensive of reference to the related theories and materials on litigation law system, this paper has made systematic statement on the background upon which the Maritime Enforcement Order was established, its basis and the analysis of the results of comparisons on the related litigation laws home and abroad, so as to makeMaritime Enforcement Order more clear and explicit. In the process of expounding my points, my main referring law systems are the Preservation of Property in our country's civil litigation law; Preliminary Execution Institution; Mareva Injunction belonging to the British and the Temporary Deposal Institution of continental law system. The paper has also dealt certain analysis on the nature of Maritime Enforcement Order, and has concluded that its nature is act preservation. Meanwhile Maritime Enforcement Order which is newly established, has not been testified in practice, in it there are many shortages which block its and theory development, thus rectification opinions and discussions of its shortages are put forward in the paper. My paper here is just as the saying goes: " throw out a brick to attract a jade" and my aim is to further the development of Maritime Enforcement Order.Yin Yun (International Law) Directed by Professor Hou Jun...