Research On Several Legal Issues Of Maritime Injunction

Special Maritime Procedure Law of the People’s Republic of China came into effect onJuly1st,2000. This law has been practiced for nearly12years, maritime injunction system init opened up a new situation of act preservation. The sea carriage order and the litigant’slegitimate rights and interests in maritime dispute have been safeguarded effectively by thissystem. As a “new face” in legal system, we found there existed some problems. In theorythey were lack of experience and low recognition. There are many defects in the practice ofMaritime injunction, such as inadequate jurisdiction, weak executory effect, missing theobligation to provisions of applicants and inadequate protection for respondent. These issueshave hindered the effective implementation of Maritime injunction and need to be concernedand take active measures to be solved.This paper first analyzes the provisions of the maritime injunction in MaritimeProcedure Law, which lead to the maritime injunction concrete meanings. From thecomparison of the behavior we can judge that belongs to behavior preservation. FromChinese justice system and foreign related system, this paper analyzes the theory backgroundof maritime injunction. Meanwhile, the paper also compares other related systems, fromwhich, analyzes the advantages and the problems of maritime injunction. In practice side thispaper described the implementation of procedures, the lacks of executory effect andprotection of the respondents were put forward. On the basis of analyzing related to interimpreservation measures jurisdiction in international, jurisdiction issues were studied fordomestics. Finally, this article tries to put forward own proposals to solve the aboveproblems beginning from practical problems found from the theoretical explanations. Thesolution eventually returns to perfect views on the legislation. Hope to further improveChina’s maritime litigation system in the maritime injunction and do my efforts to make thishappen.