1. 管辖权划分

In cases of maritime guarantee disputes, the competent court for litigation is the maritime court at the location of the担保物 (security) or the defendant's residence. For disputes arising from ship mortgage, the jurisdiction also extends to the maritime court at the port of registry of the ship. Furthermore, for disputes concerning the ownership, possession, use, and priority rights of seagoing vessels, the competent courts include those at the location of the vessel, the port of registry, and the defendant's residence.

2. 船舶扣押的特别规定

Article 22 of the Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates that "except for maritime claims as specified in Article 21 of this Law, no application for the arrest of a vessel may be made, but this does not apply to the execution of judgments, arbitral awards, and other legal documents." Similarly, Article 2(2) of the 1999 International Convention on the Arrest of Seagoing Ships also states that "a vessel may only be arrested for maritime claims and not for any other claims."

3. 海事赔偿责任限制基金的设立

Chapter IX of the Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates that in the event of a maritime accident, the shipowner, charterer, operator, salvor, or insurer may apply to the maritime court for the establishment of a maritime limitation fund for liability if there is a need for liability limitation.

4. 审判程序概述

Chapter VIII of the Special Procedure Law of the People's Republic of China on Maritime Litigation provides a detailed explanation of the trial procedures for collisions at sea, general average, the subrogation claims of marine insurance, and simplified procedures,督促 procedures, and公示催告 procedures. In the case of a collision at sea, both the plaintiff and the defendant must truthfully fill out the "Maritime Accident Investigation Form" (Article 82) when filing a lawsuit or a defense.

5. 管辖权和诉讼代理

Article 7 of the Special Procedure Law of the People's Republic of China on Maritime Litigation clarifies that the term "location of the vessel" as mentioned in Article 6(2)(7) of the Law refers to the place where the vessel is moored at the time of the lawsuit or the place where the vessel is seized. Article 8 stipulates that direct litigation before the maritime court on disputes arising from labor contracts for ship crew shall be accepted by the maritime court.

6. 地域管辖原则

The territorial jurisdiction of maritime litigation in China is based on the provisions of the Civil Procedure Law of the People's Republic of China. Specifically, for maritime torts, in addition to following Articles 29 to 31, the maritime court at the port of registry also has jurisdiction; for disputes arising from maritime transport contracts, in addition to Article 28, the court at the port of transshipment also applies; for disputes arising from maritime chartering contracts, the maritime courts at the ports of delivery, return, port of registry, and the defendant's residence can all accept cases; and for disputes arising from maritime insurance contracts.

中华人民共和国海事诉讼特别程序法第八章审判程序

1. 审判程序的独特性

The unique aspects of the trial procedures in maritime litigation are manifested in several aspects: Firstly, the trial of collision cases at sea adheres to a strict system of evidence confidentiality. Both the plaintiff and the defendant must truthfully state when submitting the "Maritime Accident Investigation Form." The court does not attach evidence when serving the complaint or defense. Parties must complete evidence submission before the hearing, unless there is new evidence and sufficient reasons, in which case they cannot overturn the statements made in the investigation form.

2. 法律依据

Article 101 of the Special Procedure Law of the People's Republic of China on Maritime Litigation states that shipowners, charterers, operators, salvors, and insurers who apply for liability limitation in accordance with the law after a maritime accident may apply to the maritime court for the establishment of a maritime limitation fund for liability.

3. 法律框架和程序保障

In summary, the Special Procedure Law of the People's Republic of China on Maritime Litigation provides a clear legal framework and procedural guarantees for the resolution of maritime disputes. Understanding this law is helpful for parties to better protect their rights and interests and promote the fair and efficient resolution of maritime disputes.

1. 海事诉讼特别程序法的重要性

The Special Procedure Law of the People's Republic of China on Maritime Litigation is an important legal instrument in the field of maritime litigation in China. It provides clear legal bases and procedural guarantees for the resolution of maritime disputes. By understanding this law, parties can better protect their rights and interests and promote the fair and effective resolution of maritime disputes.

2. 审判程序的具体规定

Chapter VIII of the Special Procedure Law of the People's Republic of China on Maritime Litigation provides a detailed explanation of the trial procedures for collisions at sea, general average, the subrogation claims of marine insurance, and simplified procedures,督促 procedures, and公示催告 procedures. In the case of a collision at sea, both the plaintiff and the defendant must truthfully fill out the "Maritime Accident Investigation Form" (Article 82) when filing a lawsuit or a defense.

3. 法律的正式通过

The President of the People's Republic of China issued a decree, numbered 28, announcing the formal promulgation of the Special Procedure Law of the People's Republic of China on Maritime Litigation. This important legal document was deliberated and passed at the 13th meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on December 25, 1999, marking an important milestone in the legal construction of maritime litigation procedures in China.

4. 文书的送达规定

Chapter VII of the Special Procedure Law of the People's Republic of China on Maritime Litigation involves provisions on the service of documents. According to Article 80, the service of legal documents in maritime litigation follows the general principles of the Civil Procedure Law of the People's Republic of China, while also allowing for special methods of service. First, documents can be served to the litigation agent designated by the addressee to ensure accurate delivery.

5. 海事强制令的相关内容

Chapter IV of the Special Procedure Law of the People's Republic of China on Maritime Litigation mainly stipulates the relevant content of maritime injunctions. Firstly, Article 51 defines a maritime injunction as a measure of compulsory execution by the maritime court based on the application of the maritime claimant to protect its legitimate rights and interests, requiring the respondent to take or refrain from taking certain actions.

...法院关于适用《中华人民共和国海事诉讼特别程序法》若干问题的解释...

1. 管辖范围和法律依据

Article 1 states that maritime disputes related to ships or transportation, production, and operations that occur at sea or in navigable waters, as well as other maritime disputes stipulated by laws or relevant judicial interpretations, shall be under the exclusive jurisdiction of maritime courts and their superior courts. The legal basis includes Article 2 of the Special Procedure Law of the People's Republic of China on Maritime Litigation, which stipulates that maritime litigation within the territory of China shall be governed by this Law; if there are no provisions in this Law, the relevant provisions of the Civil Procedure Law of the People's Republic of China shall apply. Article 6 also clarifies the territorial jurisdiction of maritime litigation, stipulating that it shall be in accordance with the provisions of the Civil Procedure Law of the People's Republic of China.

2. 程序保障和权益维护

The Special Procedure Law of the People's Republic of China on Maritime Litigation is an important legal instrument in the field of maritime litigation in China, providing clear legal bases and procedural guarantees for the resolution of maritime disputes. By understanding this law, parties can better protect their rights and interests and promote the fair and effective resolution of maritime disputes.

3. 海事赔偿责任限制相关纠纷的审理

To ensure the correct trial of disputes involving maritime limitation of liability, this regulation is formulated in accordance with the Special Procedure Law of the People's Republic of China on Maritime Litigation and the Maritime Code of the People's Republic of China. The specific provisions of the articles are as follows: Article 1: In the trial of disputes related to maritime limitation of liability, the provisions of the Special Procedure Law of the People's Republic of China on Maritime Litigation and the Maritime Code of the People's Republic of China shall be followed. If the aforementioned laws do not involve, then refer to other relevant laws and administrative regulations.

1. 管辖权的定义和规定

The definition of jurisdiction is crucial in maritime litigation, as it clarifies the division of labor and authority among maritime courts in the trial of firstinstance maritime and commercial cases, ensuring the correct exercise of judicial powers. The provisions of jurisdiction in maritime litigation in China include the following: Firstly, we have the general jurisdiction provisions of maritime litigation in China, which is a fundamental legal framework that stipulates the basic principles and procedures for the handling of domestic cases.

2. 法律分析

Article 6 of the Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates the territorial jurisdiction of maritime litigation, in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.

3. 海事法院的管辖范围

The jurisdictional scope of maritime courts is as follows: In cases of litigation arising from maritime torts, in addition to following Articles 29 to 31, the maritime court at the port of registry also has jurisdiction; for disputes arising from maritime transport contracts, in addition to Article 28, the court at the port of transshipment also applies; for disputes arising from maritime chartering contracts, the maritime courts at the ports of delivery, return, port of registry, and the defendant's residence can all accept cases; and for disputes arising from maritime insurance contracts.

1. 法律分析

According to Article 11 of the Special Procedure Law of the People's Republic of China on Maritime Litigation, if a party applies for the enforcement of a maritime arbitral award or the recognition and enforcement of a foreign maritime arbitral award, the maritime court at the location of the executing property or the residence of the respondent shall have jurisdiction. If the executing property is a vessel, regardless of whether the vessel is within the jurisdictional area of the maritime court, the maritime court shall have jurisdiction.

2. 管辖权规定

Article 1(1) of the Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates that in cases of maritime torts arising from maritime侵权行为, in addition to following the provisions of Articles 29 to 31 of the Civil Procedure Law of the People's Republic of China, the maritime court at the port of registry may also have jurisdiction. Article 1(2) stipulates that in cases of disputes arising from maritime transport contracts, in addition to following the provisions of Article 28 of the Civil Procedure Law of the People's Republic of China, the court at the port of transshipment may also apply.

3. 特别程序和管辖原则

The Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates a series of special procedures in maritime litigation, such as maritime preservation, evidence preservation, and guarantee, aimed at protecting the legitimate rights and interests of parties and ensuring the smooth progress of litigation. The jurisdiction of maritime litigation is clearly defined by the Special Procedure Law of the People's Republic of China on Maritime Litigation. Generally, maritime cases are under the exclusive jurisdiction of maritime courts, but they may also be under the jurisdiction of other courts in special circumstances.

4. 适用范围和特别程序

The Special Procedure Law of the People's Republic of China on Maritime Litigation applies to maritime cases that occur within the territory and territorial sea of China, including but not limited to disputes arising from collisions at sea, marine accidents, and maritime cargo transportation.Special Procedures: This Law stipulates special procedures in maritime litigation, such as maritime preservation, evidence preservation, and guarantee, aimed at protecting the rights and interests of parties and ensuring the smooth progress of the litigation process.

中华人民共和国海事诉讼特别程序法第九章设立海事赔偿责任限制基金程序

1. 申请设立海事赔偿责任限制基金的程序

Article 101 of the Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates that shipowners, charterers, operators, salvors, and insurers who apply for liability limitation in accordance with the law after a maritime accident may apply to the maritime court for the establishment of a maritime limitation fund for liability. In the case of oil pollution damage, the shipowner and its liability insurer or other parties providing financial guarantees may establish an oil pollution maritime limitation fund within the scope permitted by law to obtain the right to limitation of liability provided by law.

2. 海事赔偿责任限制基金设立的条件

Chapter IX of the Special Procedure Law of the People's Republic of China on Maritime Litigation stipulates that when shipowners, charterers, operators, salvors, or insurers have a need for liability limitation after a maritime accident, they may apply to the maritime court for the establishment of a maritime limitation fund for liability. For disputes arising from oil pollution damage, the shipowner and its liability insurer or other parties providing financial guarantees must establish an oil pollution maritime limitation fund within the scope permitted by law to obtain the right to limitation of liability provided by law.

3. 海商法与国际公约的关系

The Maritime Code of the People's Republic of China is mainly modeled on international conventions and foreign legislation, combined with the actual situation in China. The general principles are mainly based on the model of the General Part and Specific Parts of the German Civil Code; the provisions on seamen are partly based on the STCW Convention; and the provisions on ship ownership are based on international conventions such as the Convention on Ship Mortgages, etc., while combining with the actual situation in China.

4. 法律依据和争议焦点

The legal basis for the establishment of a maritime limitation fund for liability is Article 101 of the Special Procedure Law of the People's Republic of China on Maritime Litigation. The focal point of the dispute is whether the parties have the right to apply for the establishment of a maritime limitation fund for liability and to invoke this system. The maritime limitation of liability system is a system with a long history and certain preferential protection for shipowners, which provides that the liable party can limit its liability to a certain limit in accordance with the law.

5. 程序和法律依据

The legal basis for the establishment of a maritime limitation fund for liability is Article 101 of the Special Procedure Law of the People's Republic of China on Maritime Litigation.