Research On The Improvement Of The Chinese Legal Procedure For Limitation Of Liability For Maritime Claims

Limitation of Liability for maritime claims is an unique and important legal system in maritime law,which plays a substantial role in promoting the steady development of maritime transport industry.A well-developed legal system of limitation of liability for maritime claims includes provisions both in substantive law and in procedure law.Substantive provisions on Limitation of liability for maritime claims in China are progressively complete,and form basically into a system,in the wake of the formulation and promulgation of Maritime Code of The People's Republic of China and other laws and regulations.However,Maritime Procedure Law of the People's Republic of China failes to institute a unified maritime procedure for limitation of liability for maritime claims,on the contrary,it only regulates the related procedure for constitution of limitation fund for maritime claims and procedure for registration and satisfaction of claims.Judicial practice shows that the relevant provisions of the Act can not meet the needs of marine trial.Writing this article the author aims at putting forward his own views and perspectives on whether we should develop a unified procedure for limitation of liability for maritime claims through analysis and discussions about the problems and their reasons existed in the Chinese legal procedure for limitation of liability for maritime claims.In the first part of the article,the author gives an overview of the legal system of limitation of liability for maritime claims,mainly in substantive law and in procedure law.In the second part,based on the status quo of the law of the Chinese leagal procedure for limitation of liability for maritime claims,the author focuses on the analysis of the problems existed in the Chinese legal procedure for limitation of liability for maritime claims,and futher discusses the causes which give rise to these problems, and then draws the conclusion that it is necessary to establish a unified legal procedure for limitation of liability for maritime claims.In the third part,the author sets forth the theoretical and practical basis for the establishment of a unified legal procedure for limitation of liability for maritime claims.In the fourth part,the author puts forward a series of legislative suggestions on the establishment of a unified legal procedure for limitation of liability for maritime claims.