Foreign Maritime Litigation Under The Jurisdiction Of The Theory And Practice

At present, just and benefit of administration of justice are becoming the current issue. The procedure just reflects and ensures the just of administration of justice importantly. Therefore, pay attention to ensuring and promoting the entity to be just with the procedure, independent value of procedure particularly. Moreover, market economy, as regards its essence, is economy governed by law, benefit and efficiency economy. Strengthen the idea of lawsuit benefit, realize the justice with the lowest cost and Invest the entity right of realizing the party with the minimum lawsuit input so that the research and perfection of the procedure are very important. Maritime jurisdiction concerning foreign-related affairs is the precondition of handling the maritime affairs case in relation to foreign-related affairs, playing an outstanding role in just of procedure and concerning the application of substantive law. It could have influence on the case result and party's legitimate rights and interests. So it is very essential to strengthen the study on system of maritime jurisdiction concerning foreign-related affairs jurisdiction.In order to study the system of maritime jurisdiction from the theory and practice, this thesis uses the method compared, proceeding with theory and combining the concrete case to analyse it overall and systematically. Having compared the current situation and theory about the system of maritime jurisdiction concerning foreign-related affairs jurisdiction under common law and continent law, collected a great deal of relevant regulations of international convention and treaty, this thesis could offer the feasible theoretical foundation legislation and administration of justice, and put forward countermeasures to the problem that faces in practice.The full text divides into 3 chapters altogether.The first chapter is the outline of maritime jurisdiction concerning foreign-related affairs, involving the concept, meaning and characteristic. It also contains the principle of fixing the maritime jurisdiction and the current situation among international community. The international community has not formed the unified maritime jurisdiction system yet at present. Every sovereign state confirm one's own jurisdiction according to the national law and does the best to expand one's own jurisdiction range. Besides, various countries begin and notice their award whether could have been carried out effectively already too, and then contain to one's own jurisdiction by oneself under certain condition and limit. And pay attention to the mutual coordination of lawsuit jurisdiction among every country.The second chapter is the individual theory on maritime jurisdiction concerning foreign-related affairs. It contains the section as follows: maritime jurisdiction and maritime arbitration, the effect of the bill of lading jurisdiction clause, ship arrest and maritime jurisdiction, maritime jurisdiction of compensation for damage case that ship collides and pollution case caused by ship. The sectionwould get the opinion out of disputable question through analysing legal principle, comparing to international convention and of our country law and combining concrete case discussing.The third chapter is about impact on shipping industry and requisition on maritime jurisdiction concerning foreign-related affairs of our country that join WTO. It would propose to input forum non conveniences theory to substantiate the system of maritime jurisdiction in our country, set up the special court to deal with the case concerning foreign affairs. The most important point is to fully respect the party's agreement of election of forum. Promise to adhere to the state sovereignty principle, exercise jurisdiction actively in accordance with the law, and also respect the judicial power of other country or the area. Dispel the domestic regulation of conflicting with relevant international convention or the international practice progressively. Eventually realize the unity of maritime jurisdiction at the foundation of coordination...