The Marine Injunction Legal System

The Special Maritime Procedure Law of the People's Republic of China (SMPL) was adopted by the Ninth Standing Committee of the National People's Congress at its thirteenth session on 25 December 1999 and enacted from 1st July 2000. It was a landmark of the development of China's admiralty and maritime judicial systems which gradually develop into a fairly integrated structure with Chinese features. On 3rd Dec., 2002, the Supreme People's Court judicial note regarding Explanation of Various Issues Regarding the Application of The Special Maritime Procedure Law of the People's Republic of China was adopted at the Supreme People's Court Judicial Committee No.1259 meeting, which further supplemented the SMPL in respect of issues not covered since the SMPL became effective 2 years ago.The implement of the SMPL put to an end the 20 years practice of Chinese maritime courts that tried maritime cases according to the Civil Procedure Law of the People's Republic of China. The SMPL contains some innovative procedures and systems, among which the System of Maritime Injunction is most outstanding. The establishment of Maritime Injunction initiated our actions preservation system. However, scholarship in this field is limited due to its originality and short history in practice. As a judicial worker involved in maritime trials, the writer often encounters proceeding issues in daily work. Referring to the regulations, cases and advices from judges, the thesis tries to discuss the action preservation system of Maritime Injunction in three parts: briefs, main parts and conclusion. Main Parts are further divided into five Chapters.First of all, the emergence of Maritime Injunction is conceived as the resultof internalization of maritime suing. The necessity and significance of the establishment of maritime injunction is articulated in Chapter One based on practices and problems that occurred when there was no such system available.Chapter Two analyzes the theoretical basis of Maritime Injunction system. In its domestic laws, the civil law and procedural regulations are of main concerns. Besides, in the matter of international concerns, Mareva Injuction of the Anglo-American legal system and Temporary Disposal of the Romano family are compared to illustrate how the Chinese system has borrowed ideas from the above two while maintaining its originality with Chinese features.Then, referring to action preservation's definition, its sorts and characters, as well as its basis in international public law, international conflict law and international economic law, it is concluded in Chapter Three that the nature of Maritime Injunction is action preservation, which can further be classified as two types: one is action preservation for security of execution, and another is action preservation for prevention of damaging.In Chapter Four, Maritime Injunction is compared with other civil protection systems available in Chinese legal institutions, mainly the Property Preservation, the Preliminary Execution Institution and the Preservation of the Maritime Claims. The contrasts between the Property Preservation and the Preliminary Execution Institution highlight the necessity and significance of the establishment of Maritime Injunction. The Preservation of the Maritime Claims is, however, also a kind of preservation system regulated in the SMPL. Though placed in other sections in the SMPL, it plays the same important role as Maritime Injunction. As a result of the contrast, the two systems' different characters and functions can further our understanding of the latter.Chapter Five focuses on how to perfect the existing system. Considering the actual 4 years' legal practices since the establishment of Maritime Injunction, the thesis points out the current problems. The analysis of the system is the most important focus of the thesis. By putting forward andexamining the top 9 problems, it explores appropriate approaches to the developing and perfecting the system.Finally, with all of these discussed in detail, the thesis envisions the future of a complete setup of the action preservation system in civil proceedings in China.