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Regime Governing The Status Quo Of China's Maritime Litigation And Perfect

Posted on:2006-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2206360182456351Subject:International Law
Abstract/Summary:PDF Full Text Request
Maritime justice in China commenced in the 1970s. Maritime court in China has been accumulating experiences by the set up of Maritime law system. The Maritime Procedure Law of the People's Republic of China (hereby referred to as the 'MPL') was implemented on 1st July 2000. The implementation of the MPL is regarded as a new milestone in the Chinese Maritime Law system. The newly promulgated MPL has created, for all the maritime claimants and their opponents, an efficient mechanism in solving their disputes and keeping a proper way to the rule of law in this field. It is a successful law although some of the provisions are not matured and need to be revised. China plays an important role in upholding an international maritime justice and will be the center of maritime adjudication within the area of Asia and Pacific.MPL is a relatively advanced law in the China law system. It based on the character of China maritime justice and the principle of Civil Procedure Law of the People's Republic of China. It also make use of the accumulated experiences in the maritime justice and International custom, convention, treaty.Although MPL is an advanced one in the current China law system, it still has some defectives. Our jurisdiction development is the main reason which result those defectives, so I will start my dissertation on this point. First analyze law system development in China then introduce that in western countries. At the last part of Chapter 1 I compare the different of them.The key point of this dissertation is in Chapter 2: analyze the defectives in China Maritime Justice. In Chapter 3 I introduce the Maritime procedure system in western countries and International conventions, treaties, customs.China has been one of the WTO for almost 5 years, so we have many new challenges. Those challenges require China make adjustment especially in law system.Because of the limitation of knowledge I cannot make any constructive suggestion or advise. Just write this dissertation for more argument.
Keywords/Search Tags:maritime jurisdiction, arrest of ship, jurisdiction terms in bill of lading
PDF Full Text Request
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