| With more and more frequent global trade, shipping operations are also developing in the world. Ship with tremendous transport across the sea has became the main form of trade, but followed by a collision, general average, the probability of an increase in maritime accidents. Accident will often accompanied by disputes arising, resulting maritime disputes are more and more. July 1, 2000 implementation of the "Special Maritime Procedure Law"(hereinafter referred to as "sea v Act") provides for a special kind of different from the existing maritime proceedings of any civil proceedings, that the provisions of the claim-confirming procedure by Article 116. "Sea v. Law" stipulates the claim-confirming procedure is against claims of the court ruled forced sale of the ship and liability for maritime claims and restrictive limitation fund programs designed related debt. Maritime lawsuits are in area of civil litigations, then the claim-procedure is undoubtedly a special proceeding in civil procedure. As a country’s unique maritime special proceedings "sea v. Law" and the Supreme Court in 2003 "issued by the Supreme Court interpretation of the applicable <People’s Republic of China Special Maritime Procedure Law> Issues"(hereinafter "sea of Appeal interpreted "), only a few of several provisions of its provisions, The rest of the relevant judicial interpretation is not specifically related to the claim-procedure, research and discussion of the program is also serious lack, maritime disputes occur frequently and need the relevant supporting laws and regulations to regulate the judge’s judicial conduct, sound legal system and judicial practice also need to maintain uniform standards of judicial authority.According to the principle of statutory procedures, any proceedings should be prescribed by law from the prosecution to the concluded. It is clearly that missing in the claim-confirming procedure in support of its provisions in practice, it is not the role of coordination. In this paper, the basic theory is the start on the proceedings, in accordance with the process of the proceedings to find and solve problems, for the relevant legal proceedings has the right to do lag and ancillary provisions incomplete phenomenon, combined with judicial practice is not uniform, focusing on the litigation is indeed the right procedure proposed the existence of the author of the program design, in order to improve the "sea v. law" humble heart. This paper is divided into four chapters altogether:The first chapter will discuss the basic theory of concept of the proceedings, the nature and characteristics. Theory on the nature of the claim-confirming procedure although is not much but has been unable to form a unified understanding. The main difference is that the claim-confirming procedure is identify lawsuit, payment lawsuit or a combination of the two. The author’s view is that it is a combination and it will be commenced later in detail.The second chapter will discuss the suit of the claim-confirming procedure, the jurisdiction and other procedural issues before the hearing. The proceedings in question, the whole "sea v. Law" and "Sea of Appeal interpreted" in the relevant articles of law are not to ensure the formation of a more complete, standardized system of systems. One important reason for the confusion of the judicial practice is lack of coordination between the law before and after the provision, there is no uniform legal yardstick to regulate the trial judge’s hear.The third chapter trial will discuss issues such as the scope of the claim-confirming procedure, claims review and the conversion program. Confirmation of the claims is the core of the proceedings, participate in the repayment is the ultimate goal, so the third chapter is the core content of this article.The forth chapter will discuss the remedy of defects in the first instance, whether or not the suit can be settled using mediation and litigation execution of judgments after it is closed in order to improve the procedural framework. |
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