Maritime Litigation Under The Jurisdiction Of A Number Of Studies

Maritime action is a characteristic proceedings system, especially, the issue of the jurisdiction of maritime action itself has consisted of varied, complicated and important topics, which not only includes the category and allocation of the jurisdiction of a specific civil maritime action, but also includes the coordination and resolution of the conflicts of jurisdiction in international maritime action, and further, underlies the unification of the international maritime laws. This article expounds the specific characters of the jurisdiction of maritime action, which is greatly different to the common civil actions, from the history of the jurisdiction of maritime action. Then the article puts forwards some suggestions on how to resolve the problem of the jurisdictional conflicts of international maritime action by analyzing the reasons of the existing jurisdictional conflicts, which has been paid much attention to the theory reaches. The article expounds the jurisdiction by agreement of maritime action, combining with the jurisdiction according to the clause of bill of lading, and the article points out some issues existing in our homeland upon judicial practice of resolving the problem of jurisdictional conflicts, which is not in harmony in maritime action, and which is also worthy of being researched to a wider and further extent. At the same time, the article puts forward some relevant suggestions on the reform and adjustment of the principle and the policy of the jurisdiction of maritime action after China entry into WTOThe article makes a research on the two different aspects of the jurisdiction of maritime action, international maritime action and civil maritime action.In the respect of the jurisdiction of civil maritime action, firstly, the article compares the relationship with difference between the jurisdiction rights of civil maritime action and common civil action, and clarifies the range of the jurisdiction of maritime action in order to make clear the intensive and extensive content of the jurisdiction of maritime action. Secondly, the article makes a further research on the existing problems in the system of jurisdiction, which includes the statutory jurisdiction, such as territorial jurisdiction, appellate jurisdiction, grade jurisdiction, and includes jurisdiction by order, such as referral jurisdiction, designate jurisdiction, and includes specific jurisdiction and jurisdiction by agreement, etc. There is a special theory and practice of jurisdiction in maritime action, such as distress jurisdiction, action in rem, etc.In the aspect of the jurisdiction of international maritime action, the article puts an emphasis on how to coordinate and develop the jurisdiction conflicts ofinternational maritime action. The whole maritime shipping enterprises in the world expect the unification of different countries' maritime laws, and also expect that the resolution to coordinate the problem of the conflicts of jurisdiction in international maritime action, relating to a state's sovereignty greatly, will push the tendency of the unification of different countries' maritime laws, which is the common topic of the whole maritime shipping enterprises in the world. In recent years, a great achievement has been made in the aspect of the coordination of the conflict of jurisdiction of international maritime action. Although, maritime action appeared later in China than other countries, and china has not accede to many conventions of international maritime community, China has made Substance Law and Procedure law, which has referred to and absorbed many relevant provisions of international maritime conventions and practices, basing on the basic character of, maritime action in China. Therefore our Specific Procedure Law of Maritime Proceedings is a relatively comprehensive procedure law. After the entry of WTO, it is more and more important for applying a preferable law, while facing the conflicts of jurisdiction right, and from the view of maritime action, China is facing a more severe challenge...