Investigation And Research On The Cause Of Maritime Administrative Litigation Cases

In 2016,the Supreme People’s Court promulgated the provisions of the Supreme people’s Court on the scope of cases accepted by the Maritime Court,and once again established the exclusive jurisdiction of the Maritime Court for maritime administrative litigation cases.Prior to this,the maritime court has experienced the process of the special jurisdiction of the maritime administrative cases,during which the relevant theoretical research on the special jurisdiction of the case of maritime administrative proceedings and the legal provisions are in a very imperfect degree.At present,the cause of maritime administrative cases still continues to apply the provisions of common administrative cases,and there are no special provisions on the causes of maritime administrative cases through a survey of the laws and regulations of our country.Through the comparative analysis of the adjudicative documents published by the official websites of the maritime courts and the Chinese referee documents website,it is found that due to the lack of uniform causes for maritime administrative cases,Various maritime courts have adopted different reasons for the cases with the same legal relationship,and the application of the causes of the maritime administrative cases in the whole country presents a kind of non-uniform situation.By comparing the extracted groups of cases,it was found that the cases of legal relationship,the cause of the dispute,the plaintiff’s claim is consistent,but the cause of the case adopted by the maritime court presents a situation of inconsistency.The main reason for the inconsistency in the application of maritime administrative cases is that China has not made specific provisions on the causes of maritime administrative cases,and the current system of common administrative cases cannot adapt to the specialty and particularity of maritime administrative cases.Through the investigation and visit to the Dalian Maritime Court,the maritime administrative rules formulated by the Dalian Maritime Court applicable to the trial of maritime administrative cases by the Court are obtained,which are derived from summing up the experience in the trial of maritime administrative cases.It is scientific and can be used as an important reference for the establishment of maritime administrative system.In view of the fact that the number of maritime administrative cases accepted by the Maritime Court is on the rise every year,the absence of uniform provisions of the cause of the case does not facilitate the trial of maritime administrative cases,nor is it conducive to the standardization and standardized management of the adjudication documents of the cases,Therefore,the unification of maritime administrative cases is imminent.