A Study On Legislation Of Maritime Law Of The Republic Of China In 1929

In the legal family,the maritime law has a distant origin,a long development and distinctive features.In our country,the history of the development of maritime law is almost the same as that of the Chinese legal system in the modern sense.In the legal structure,it is the part of long history.With the development of international shipping business and the awaking of marine,Maritime Code of PRC is facing a new time issue.With the proposing and the implement of maritime power,ocean power and other strategies,the amendment of maritime law was once again included in the agenda.From ancient to now,sorting out the history of legal change of maritime law,the details of the thinking and strict system,studying on the past thing that lawmakers thought highly of or neglected at that time,has undoubtedly enlightening significance for the legislation and juridical practice of Chinese Maritime Law in modern times.At the end of Qing Dynasty,the history of maritime law legislation was generally experienced the brewing in the late Qing Dynasty.The two centralized legislative practice in the Republic of China and the formulation and revision of maritime law in contemporary China after the founding of new China.This paper takes the Maritime Law of the Republic of China(later in the short form of Maritime Law of the Republic of China in 1929)in the period of the Republic of Nanjing in 1929 as main analysis text.The law drew on the relevant legislative techniques of Japan and Germany and made certain localization.There are relatively complete provisions on maritime affairs.This paper is divided into four parts.The first part elaborates the historical background of Maritime Law of the Republic of China in 1929,including the social background,policy support and the legislative situation,and analyzes conditions for its being introduced.The second part mainly introduces its legislative thought and principles,analyzing theory,construction and application of the main system in Maritime Law of the Republic of China in 1929 from perspectives of concept and history.It focuses on studying the special system in maritime law,taking the ship system,seafarers system as examples to explain the meaning of articles,the legislative purport on the basis of law application,as well as the impact on the legislation of Maritime Law from Balance Principle of Interest and Principle of Supporting Labor under the guidance of Three People's Principles.The third part is the transplantation and succession of the Maritime Law of the Republic of China in 1929,expounding the result of transplantation from the commercial law of mainland legal system and the international conventions,meanwhile elaborating the succession of Maritime Code of PRC and the effect of localization to analyze the effectiveness of the law.The fourth part is the overall evaluation of modern legislation of maritime law,also expounding the historical significance and shortcomings of Maritime Law of the Republic of China in 1929 and studying its reference significance to our modern maritime law,all of which aim at making a contribution to the construction of the socialist legal system with Chinese characteristics.