On The Applicable Relationship Between Civil Law And Maritime Law

It is the academic consensus that the relationship between Civil Law and Maritime Law is "general law" and "special law" in the legal system,but what does Maritime Law mean as the special law of Civil Law,the relevant theoretical and practical viewpoints are always in a vague and chaotic state.Leading to the chaos in judicial practice,judges are unable to properly deal with the applicable relationship between Civil Law and Maritime Law in the trial of admiralty and maritime disputes.To a certain extent,Chinese Maritime Code is faced with the dilemma of "vanity",which needs to be solved urgently.At the same time,the theory of the "Self-contained Characteristic of Maritime Law" emphasizes that Maritime Law is independent from Civil Law,which seriously challenges the general theory that "Maritime Law is special law of Civil Law",and there is no final conclusion in academic circles.The above topic has a significant impact on the relationship between Civil Law and Maritime Law in the legal system and application of law,so there is still a need to respond in theory and practice.Therefore,this paper intends to effectively sort out and clarify the relationship between Civil Law and Maritime Law in the legal system,while maintaining the status and excavating the legal connotation of Maritime Law as special law of Civil Law.On this basis,to interpret the applicable relationship between Civil Law and Maritime Law more reasonably,and to seek to solve the difficult problems in the application of Maritime Law in judicial practice.The full text is divided into three chapters.The first chapter is the relationship between ancient Civil Law and Maritime Law:the independence and its limitation of Maritime Law.This chapter systematically combs the ancient Maritime Law and its relationship with Civil Law,and finds out the possible independent scope and limits of Maritime Law in history,and its influence on the doctrine of law.At the same time,it reflects deeply on the theory of the "Self-contained Characteristic of Maritime Law",which is based on the independence of Maritime Law in history.It is believed that the independence of ancient Maritime Law is based on specific historical conditions,and the theory of the "Self-contained Characteristic of Maritime Law" has its historical limitations.The second chapter is the relationship between modern Civil Law and Maritime Law:the turn of Maritime Law as special law of Civil Law and its legal connotation.This chapter probes into the two evolution trends of Maritime Law after the Middle Ages,one is to return to the national positive law,the other is to combine with Civil Law in the system,both of which lead to the demise of the independence of Maritime Law.Thus maintaining the status of Maritime Law as special law of Civil Law.On this basis,to explore the legal connotation of Maritime Law as special law of Civil Law,which lies in its uniqueness based on the particularity of maritime life.This uniqueness is realized in the judicial application through the principles of Maritime Law with normative significance.The third chapter is the best interpretation of the applicable relationship between Civil Law and Maritime Law:"Exhaustion of Maritime Law".It is considered that"Exhaustion of Maritime Law" is the best interpretation of the applicable relationship between Civil Law and Maritime Law,and its connotation revolves around the principles of Maritime Law.At the same time,this chapter probes into two difficult problems of great controversy and special significance in maritime legislation and judicial practice,namely,the legal source status of maritime custom and the rules for replenishing loopholes in Maritime Law.It is considered that "Exhaustion of Maritime Law" should be carried out in the process of seeking a solution for problems above,and the principles of Maritime Law play a key role.