Empirical Study On China's Maritime Litigation Jurisdiction System

Under the current strategic background of building a maritime power and building a maritime judicial center in China,how to deal with maritime disputes is of great significance for safeguarding the country's judicial sovereignty,protecting the legitimate rights and interests of the parties,and promoting the smooth progress of international civil and commercial exchanges.The important solution to maritime disputes is maritime litigation,and the jurisdiction of maritime litigation is the premise and basis for the initiation of maritime litigation.Therefore,the correct exercise of maritime litigation jurisdiction is not only related to whether the court has the right to conduct substantive trials,but also whether the judgment can be recognized and enforced.However,China's maritime litigation jurisdiction system is based on the "People's Republic of China Maritime Procedure Special Procedure Law"promulgated and implemented in 2000 and a series of judicial interpretations.Compared with the increasingly developed maritime litigation jurisdiction practice field,the system has appeared to be somewhat backward.After studying the maritime litigation jurisdiction system in China,the author finds that the maritime litigation jurisdiction of China has the characteristics of both the Anglo-American legal system and the civil law system.However,this kind of jurisdiction with two major legal systems is at the legal level.There are a lot of problems.On the one hand,these problems lead to contradictions in some specific system levels(such as the ship seizure system),and on the other hand,the realization of the maritime claimant's litigation rights.The maritime litigation jurisdiction system covers a wide range,and the author is incapable of comprehensive analysis of all aspects.The author has found a large number of search and analysis of China's judicial practice cases and found that China's maritime criminal case jurisdiction,maritime litigation agreement jurisdiction,maritime claims preservation There are obvious problems in the judicial practice of the three aspects of jurisdiction,so we choose these three parts of judicial practice for research.After clarifying these problems and the reasons behind them,the author put forward some ideas and suggestions,in order to provide reference for China's revision of the "People's Republic of China Maritime Procedures Special Procedure Law."This paper consists of six parts,the first two parts mainly study the maritime litigation jurisdiction system from the theoretical level,aiming to analyze the maritime litigation jurisdiction system from a macro perspective;the third to the fifth part are the theoretical guidance.The current situation of practice begins with the judicial case of the actual trial of the maritime court,and analyzes the jurisdictional system of maritime litigation in China from a micro perspective.The sixth part starts with the research results of the previous parts,and the current maritime litigation jurisdiction system in China The problem is counter-pushing countermeasures and suggestions.In particular,the first part studies the theoretical basis of the meaning and construction mode of China's maritime litigation jurisdiction system.The maritime litigation jurisdiction system regulates maritime litigation.Understanding the particularity of maritime litigation and maritime maritime cases is the basis for the correct exercise of maritime litigation jurisdiction,and it is also a guarantee for the maritime litigation jurisdiction system.The second part studies the ways and problems of the jurisdiction of China's maritime litigation within the existing institutional framework.China adopts a similar jurisdictional approach to civil lawsuits,and the parties involved in maritime litigation and the subject matter generally have strong liquidity,which prompted China to construct a ship seizure system with Chinese characteristics,but At the same time,it also brings about problems in system coordination.The third part studies the status the criminal cases of maritime criminal cases in China,and points out that the maritime criminal cases are not well controlled and the discretionary standards are not uniform due to the fact that there is no jurisdiction to grant criminal cases in maritime courts,and the current situation is analyzed,the reason.The fourth part studies the status problems of the jurisdiction of the maritime litigation jurisdiction system reflected in the case search,and focuses on the lack of system in the maritime litigation's unique bill of lading jurisdiction system.The fifth part studies the status problems of the maritime claim preservation jurisdiction in the maritime litigation jurisdiction system reflected in the case search.This part starts with a modified referee made by a maritime court to find the reasons behind the court's last move and its reflection.The problem that came out.The sixth part puts forward a series of suggestions from the status problems of China's maritime litigation jurisdiction system.