The Study On The Relative Independence Of Maritime Law-from The Perspective Of Jurisprudence And Comparative Law

The attribution of maritime law which has not been systematically studied in china is not only an important theoretical issue,but also has practical value.There are major differences between maritime law and other department laws especially civil law,so it is inappropriate to invoke the related theories of civil law to construe maritime law.Thereby,from the perspective of jurisprudence and comparative law, the author holds that maritime law should be relatively independent and should speak for itself,based on that,further express the objective model to revise the Chinese Maritime Code,with a view to construct the system of maritime law.Accordingly,this paper is divided into six chapters.Chapter 1 is preface,to define the denotation of maritime law and discuss the standards used to determine the relative independence of department laws.Chapter 2 analyses the relative independence of maritime law from the perspective of historical evolution,and think that maritime law has been derived from the practices of businessmen,its origin and development are special.Chapter 3 is concerned with the law foundation of the relative independence of maritime law,hold that the economic foundation and Political foundation which are vital for existence and development of maritime law are special.Chapter 4 analyses the doctrines of maritime law,concludes that the legal thinking of maritime law which is special is problem-centered,non-logistic,flexible, utilitarian,while the legal think of civil law is logic-centered,systematic,complicated, rational,so,the relative independence of maritime law is doomed to be the regular existence non-transferred by the will of the scholars as a result of the discrepancy of the two legal thinks from the beginning.Chapter 5 is concerned the institution underpinning of the relative independence of maritime law,the social relations regulated by maritime law is special.There are many regulations and principles belong to maritime law solely,such as the personification of vessels,maritime lien, liability system of carrier,general average,salvage at sea,limitation of liability for maritime claims,short limitation of time,these institutions which have their own characteristics,demand the special provisions made in maritime law,are the institution underpinning of the relative independence of maritime law.Chapter 6 is concerned with the construction of the system of Chinese Maritime Code,based on the five chapters aforesaid,hold that the construction of the system of maritime law is the requisite of the relative independence of maritime law,so the author put forward his own idea and advise from the aspect of legal concept,legal institution,legal doctrine,applicable scope,with a view to help construct the integrated system of maritime law.