Marine Administrative Jurisdiction Over The Maritime Court To Exercise Appropriate

The jurisdiction over admiralty administrative cases has been always an issue with different views both in theory and in practice.Since the founding of the People's Republic of China, the subject of the judicial power over admiralty administrative cases has been switched between the local people's court and the special people's court several times, reflecting the practical needs in different periods. According to a notice issued by the General Office of the PRC Supreme People's Court, the local people's court has the jurisdiction over admiralty administrative cases at present.The thesis of this dissertation is to express the writer's view that the judicial power of admiralty administrative cases should be still given to the maritime court in China for their first instance trial.First of all, the dissertation focuses on the characteristics of admiralty administrative cases, manifesting that the specialty of such cases calls for the maritime court to judge the case. Thereafter, the thesis is strengthened by elaborating the advantages of judging administrative reconsideration cases by the maritime court.Secondly, the dissertation discusses the legal nature of the two documents, which entitled and deprived the judicial power of maritime courts on admiralty administrative cases respectively, and comes to the conclusion that the empowering maritime courts of such power was proper while the deprival was not.Thirdly, a few typical admiralty administrative cases are quoted to prove that it is much more efficient and effective to entitle the maritime court to judge admiralty administrative cases than to entitle the local people's court to judge such cases. It is also proved through practice that the maritime court's administering the power of judging admiralty administrative cases not only smoothes the solution of disputes between the admiralty administration and the opposite person to the administration, but benefits the lawful administrative action of the administration as well.Last but not least, the writer has set out a series of statements of the legality and rationality of the maritime court's administering the power of judging admiralty administrative cases in order to establish the writer's view that in China, it would be more appropriate for the maritime court to have the judicial power of judging...