Research On Several Issues Of The Special Maritime Jurisdiction Of China

Jurisdiction is the entrance and prelude to litigation.Jurisdiction system determines the courts distributing justice in judicial proceedings,thus affecting whether the pursuit of justice of the clients can be achieved.Therefore,some scholars hold the opinion that the jurisdiction system is the “first lifeline” of judicial justice.Although the jurisdiction system embraces such important significance,the theoretical and practical of jurisdiction China are still mainly concerned with the research on the relevant systems during the litigation proceedings.There is relatively little research on the jurisdiction system.The research of jurisdiction system in the field of maritime litigation is rarely mentioned.However,with the advancement of “the building of a strong ocean nation” and “Belt and Road”,the development of the sea-related sector has received unprecedented attention.The 13 th Five-Year Plan also mentions that China is currently striving to expand the blue economy space.All of these have put forward higher requirements for the rule of law at sea,and the importance of maritime jurisdiction has become increasingly prominent.The reform of the jurisdictional system for maritime cases has also been included in the reform plan of the People’s Court.The independence of the maritime law origin and the particularity of the regulations make the specialization of maritime justice become an inevitable choice.The correlation and self-contained characteristics of the Maritime Law regulations make it necessary to relocate all cases involving maritime affairs to the jurisdiction of the maritime court.China’s Maritime Court has been exercising special maritime jurisdiction since it was approved in 1984.However,the jurisdiction of maritimeadministrative cases is uncertain between maritime courts and local people’s courts until March 2016.The Regulations on the Scope of Cases Accepted by the Maritime Court(hereinafter referred to as "Regulations on the Scope of Cases Accepted by the Maritime Court")and the "Regulations on Issues Concerning the Jurisdiction of Maritime Litigation"(hereinafter referred to as the "Regulations on the Jurisdiction of Maritime Litigations")have once again made it clear that the maritime administration cases are included in the scope of the jurisdiction of the maritime court.Maritime courts are only at the trial stage for maritime criminal cases.Reform of the maritime jurisdiction system has a long way to go.Therefore,it is necessary to conduct research on whether all kinds of maritime cases should be under the jurisdiction of the maritime court.This article sets out the basic issues concerning the jurisdiction of maritime courts and maritime criminal cases,and also discusses the jurisdiction of other maritime controversial cases.The conclusion is that China’s maritime courts already have the conditions for the jurisdiction of various maritime cases in terms of professionalism and impartiality at the current stage\.The first chapter of this essay discusses the issue that the maritime administrative courts in China should be subject to special jurisdiction of maritime courts,including the review of the historical evolution and background of the jurisdiction of maritime administrative cases in China,the current status of jurisdiction of maritime administrative cases in China.The superiority of jurisdiction of maritime administrative case subjected to the maritime courts will be summed up,the problems in judicial practice and the reference solutions will be pointed up.The second chapter of this essay discusses the issue that the maritime criminal cases in China should be subject to special jurisdiction by the maritime courts.Firstly,the current situation of the jurisdiction of maritime criminal cases in China and the special jurisdiction pilots will be explained.Secondly,the particularity of maritime criminal cases and the necessity and feasibility will be discussed.The challenges that existed or may be faced in the practice will be put forward with a wish to inspiring the establishment of a special jurisdictional system for maritime criminal cases.The third chapter of this essay conducts research on other related issues in the construction of a special maritime jurisdictional system in China.Firstly,the process of realizing the jurisdictional dispute of the ship mortgage right case will be discussed,emphasizing the importance of perfecting the legal system under the background of statute law.This chapter also discusses the issue of jurisdiction of maritimebankruptcy cases in China.It points out that the inconsistency of jurisdiction and put forward suggestions for dealing with jurisdictional disputes in maritime bankruptcy cases through the multiple measurement of the value of these two systems.