Maritime Procedure Law Legal Issues

The Maritime Procedure Law of the People's Republic of China (hereinafter referred to as the "MPL") was enacted on 25th December 1999 and implemented on 1 st July 2000. The implementation of the MPL is regarded as anew 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.From the creation of MPL, it has passed 7 years, as the development of theory and practices, some problem need revise adjust ,in order to adapt the change of the society. The author attempt to analyse the law from macroscopical aspect,raise the question and expatiate them.Maritime procedure is within the field of the civil procedure. Therefore theprovisions of the MPL minor the new developments of theory researches in the civil procedure law field. In order to suit the development of the maritime lawsuit,the legislature consitituted MPL, which was significant and played a profound role.Through above study, the writer makes some suggestion to the reconstruction of Chinese evidence reform, mainly about the special evidence rules andprocedures of maritime litigation. Finally, the writer heartily wishes to abstract more attention and research power to the maritime evidence reform issues.Preservation of Maritime Claims is no doubt the most important part. The writer elaborates the contents and characters of the preservation of maritime claims. The text probe into the defects and problems in maritime preservation system of the People's Republic of China. Furthermore author hold out some hope of being beneficial on improving the maritime preservation system and the civil preservation system of China. Maritime Injunction is a new statutory rule regulated in Special Maritime Procedure Law of the People's Republic of China, which was carried out in the year 2000. It solved the long-existing problem faced by Chinese maritime court to protect the lawful interest of the claimant through ordering the defending party of the application to do something or not to do something without improperly applying property preservation and advance execution. The production of maritime injunction adapted itself to the special need of admiralty adjudication and it initiated a precedent of action preservation in China.Considering the actual 7 years' legal practices since the establishment of Maritime Injunction, the thesis points out the current problems. The thesis expounds on the perfection of relevant issues in maritime injunction and the enlightment of the perfection of maritime injunction to the establishment of action preservation.Limitation of liability for maritime claims is an antiquated and unique legal system in maritime law, which is essential to protect and promote the stable development of shipping industry. This paper introduces the general aspects of limitation of liability and analyzes the current legal provisions regarding limitation liability in China and then points out the problems in judicial practice resulted from the conflicts between the substantive law and the procedure law as well as the defects of the procedure law itself. Then the paper elaborates on the purpose and legal effect of limitation of liability in accordance with relevant international conventions and then discusses on the roots of the problems mentioned above, and therefore on the grounds of analysis and reference of the corresponding legal provisions of other countries and districts, the peer guts forward certain suggestions on perfecting the procedure for limitation of liability for maritime claims of China.