Breadcrumbs Section. Click here to navigate to respective pages.
Chapter
Chapter
Maritime related cases accepted by the Maritime Courts reached 5,166, representing a 20% average annual growth from 1990 (Table 1). To cope with increasing pressure from shipping and trade, China has passed more than 20 maritime-related laws, the most significant being the Maritime Code 1992 and the Maritime Procedure Law (MPL) 1999. China has also ratified most of the maritime conventions, in particular those adopted by the International Maritime Organization (IMO) (Table 2). As a whole, it constitutes a complete maritime legal system in line with the general international practice. One of the pillars of this legal system is the Maritime Code, adopted on 7 November 1992, at the 28th Meeting of the Standing Committee of the 7th National People’s Congress of the People’s Republic of China (PRC), and entered into force on 1 July 1993. It was a milestone for China in completing its maritime legal framework. The history of the drafting of the Maritime Code reflects China’s economic, political and legal development. The drafting originated in the early 1950s, just a few years after the founding of the new China, at a time when most of its fleet had moved to Taiwan and shipping facilities had been seriously damaged or destroyed. The new government took a series of policy decisions and measures in an attempt to keep the maritime transportation system in survival. Establishing a maritime law framework was one of these measures. The drafting of the Maritime Code began with the study and translation of the Russian Maritime Law. A drafting committee was established by the Ministry of Communications (MOC) consisting of law professors, lawyers and shipping practitioners from governmental agencies, shipping companies and maritime universities, and the first official draft was finished in 1963. In 1966, China began the ‘Cultural Revolution’ and the drafting was therefore stopped for political reasons, and was not resumed until 1981. The Maritime Code was at last completed after more than 40 years’ work, a milestone in regulating its maritime industry and in forming its maritime policy. At the time, it was one of the longest codes in China in terms of the number of Articles. During the discussion in the National People’s Congress, it was widely accepted that the Code had been very well drafted in terms of policy-making and structure as well as wording. It was passed with an overwhelming majority, 98 votes in favour out of a total of 101 votes, which was rare in Chinese legislation. The success of the drafting may be attributed to the following factors: (1) China has a group of professional maritime law experts who are familiar with both international maritime law and the Chinese legal system; (2) government accords a top priority to the maritime industry and the drafting of the Code; (3) the pressure arising out the development of economy and trade;
DOI link for Maritime related cases accepted by the Maritime Courts reached 5,166, representing a 20% average annual growth from 1990 (Table 1). To cope with increasing pressure from shipping and trade, China has passed more than 20 maritime-related laws, the most significant being the Maritime Code 1992 and the Maritime Procedure Law (MPL) 1999. China has also ratified most of the maritime conventions, in particular those adopted by the International Maritime Organization (IMO) (Table 2). As a whole, it constitutes a complete maritime legal system in line with the general international practice. One of the pillars of this legal system is the Maritime Code, adopted on 7 November 1992, at the 28th Meeting of the Standing Committee of the 7th National People’s Congress of the People’s Republic of China (PRC), and entered into force on 1 July 1993. It was a milestone for China in completing its maritime legal framework. The history of the drafting of the Maritime Code reflects China’s economic, political and legal development. The drafting originated in the early 1950s, just a few years after the founding of the new China, at a time when most of its fleet had moved to Taiwan and shipping facilities had been seriously damaged or destroyed. The new government took a series of policy decisions and measures in an attempt to keep the maritime transportation system in survival. Establishing a maritime law framework was one of these measures. The drafting of the Maritime Code began with the study and translation of the Russian Maritime Law. A drafting committee was established by the Ministry of Communications (MOC) consisting of law professors, lawyers and shipping practitioners from governmental agencies, shipping companies and maritime universities, and the first official draft was finished in 1963. In 1966, China began the ‘Cultural Revolution’ and the drafting was therefore stopped for political reasons, and was not resumed until 1981. The Maritime Code was at last completed after more than 40 years’ work, a milestone in regulating its maritime industry and in forming its maritime policy. At the time, it was one of the longest codes in China in terms of the number of Articles. During the discussion in the National People’s Congress, it was widely accepted that the Code had been very well drafted in terms of policy-making and structure as well as wording. It was passed with an overwhelming majority, 98 votes in favour out of a total of 101 votes, which was rare in Chinese legislation. The success of the drafting may be attributed to the following factors: (1) China has a group of professional maritime law experts who are familiar with both international maritime law and the Chinese legal system; (2) government accords a top priority to the maritime industry and the drafting of the Code; (3) the pressure arising out the development of economy and trade;
Maritime related cases accepted by the Maritime Courts reached 5,166, representing a 20% average annual growth from 1990 (Table 1). To cope with increasing pressure from shipping and trade, China has passed more than 20 maritime-related laws, the most significant being the Maritime Code 1992 and the Maritime Procedure Law (MPL) 1999. China has also ratified most of the maritime conventions, in particular those adopted by the International Maritime Organization (IMO) (Table 2). As a whole, it constitutes a complete maritime legal system in line with the general international practice. One of the pillars of this legal system is the Maritime Code, adopted on 7 November 1992, at the 28th Meeting of the Standing Committee of the 7th National People’s Congress of the People’s Republic of China (PRC), and entered into force on 1 July 1993. It was a milestone for China in completing its maritime legal framework. The history of the drafting of the Maritime Code reflects China’s economic, political and legal development. The drafting originated in the early 1950s, just a few years after the founding of the new China, at a time when most of its fleet had moved to Taiwan and shipping facilities had been seriously damaged or destroyed. The new government took a series of policy decisions and measures in an attempt to keep the maritime transportation system in survival. Establishing a maritime law framework was one of these measures. The drafting of the Maritime Code began with the study and translation of the Russian Maritime Law. A drafting committee was established by the Ministry of Communications (MOC) consisting of law professors, lawyers and shipping practitioners from governmental agencies, shipping companies and maritime universities, and the first official draft was finished in 1963. In 1966, China began the ‘Cultural Revolution’ and the drafting was therefore stopped for political reasons, and was not resumed until 1981. The Maritime Code was at last completed after more than 40 years’ work, a milestone in regulating its maritime industry and in forming its maritime policy. At the time, it was one of the longest codes in China in terms of the number of Articles. During the discussion in the National People’s Congress, it was widely accepted that the Code had been very well drafted in terms of policy-making and structure as well as wording. It was passed with an overwhelming majority, 98 votes in favour out of a total of 101 votes, which was rare in Chinese legislation. The success of the drafting may be attributed to the following factors: (1) China has a group of professional maritime law experts who are familiar with both international maritime law and the Chinese legal system; (2) government accords a top priority to the maritime industry and the drafting of the Code; (3) the pressure arising out the development of economy and trade;
ABSTRACT
Maritime related cases accepted by the Maritime Courts reached 5,166, representing a 20% average annual growth from 1990 (Table 1). To cope with increasing pressure from shipping and trade, China has passed more than 20 maritime-related laws, the most significant being the Maritime Code 1992 and the Maritime Procedure Law (MPL) 1999. China has also ratified most of the maritime conventions, in particular those adopted by the International Maritime Organization (IMO) (Table 2). As a whole, it constitutes a complete maritime legal system in line with the general international practice.
