China Maritime Trial and Lawyer Practice

Qu Tao
 Maritime Cases and Maritime Action
 Maritime action, the general term for the activities of
the parties in maritime disputes that are brought
before the Maritime Courts and adjudicated by the
courts with the participation of the participants in the
proceedings
 Maritime disputes →Maritime cases →Maritime action
 China implements the special jurisdiction system of
maritime action 
 Maritime cases are under the exclusive jurisdiction of
the Maritime Court
 Classification of maritime cases

 Maritime cases （ Civil ）

 Maritime administrative cases （ Administration ）
 Maritime criminal cases （ Criminal ）
 “Catalina” Maritime Traffic Accident (first case)
 Pilot scheme for "three trials in one" in maritime cases o
fficially launched
 Scope of cases accepted by the Maritime Court

 Provisions of the Supreme People 's Court on the scope of cases to be acc
epted by Maritime Courts  （ 2015 ）
 Sets out the 108 categories of maritime cases before the Maritime Court
 Maritime tort dispute cases (10 categories)
 Maritime contract dispute cases (42 types)
 Disputes relating to the development and use of maritime and navigable waters a
nd environmental protection (15 categories)
 Other maritime and maritime dispute cases (11 categories)
 Maritime administrative cases (7 categories)
 Maritime special procedure cases (23 categories)
The Maritime Courts in China
 In June 1984, the first batch Maritime Courts in China were established in
Shanghai, Tianjin, Qingdao, Dalian, Guangzhou and Wuhan
 In 1990, Haikou and Xiamen Maritime Courts were established
 In 1992, Ningbo Maritime Court was established
 In 1999 ,the Beihai Maritime Court was established
 In June 1999, the first six maritime courts established were formally incorporated
into the national judicial system
 In 2020,Nanjing Maritime Court was established
 From 1992 to date, 41 detached tribunals have been set up in 11 maritime co
urts across the country
 Intermediate court establishment with dispatched courts
 Map of the Maritime Courts and their detached tribunals


 41 detached tribunals established by the
Maritime Court in China

 Dalian Maritime Court : Jinzhou, Bayuquan, Donggang,

Changhai, Harbin detached tribunal
 Tianjin Maritime Court : Qinhuangdao, Caofeidian detached
tribunal
 Qingdao Maritime Court : Yantai, Weihai, Shidao, Rizhao,
Dongying, Dongjiakou detached tribunal
 Shanghai Maritime Court : Yangshan Port, Changxingdao
detached tribunal
 Nanjing Maritime Court: Suzhou, Nantong,Taizhou,
Lianyungang detached tribunal
 Wuhan Maritime Court : Yichang, Chongqing,Wuhu
detached tribunal
 41 detached tribunals established by the Natio
nal Maritime Court

 Ningbo Maritime Court : Zhoushan, Wenzhou, Taizhou detached

tribunal
 Xiamen Maritime Court: Fuzhou, Fuan, Dongshan, Ningde deta
ched tribunal
 Guangzhou Maritime Court : Shenzhen, Shantou, Zhanjiang, Zh
uhai detached tribunal
 Beihai Maritime Court : Fangcheng, Guigang, Jinghong detache
d tribunal
 Haikou Maritime Court : Sanya, Boao, Yangpu, Basuo, Sansha
detached tribunal
 China's maritime trial system

 “Three levels court and two-final trial system”

 Court of First Instance ： Maritime Court
 Court of Appeal ： The High People's Court where the Maritime
Court is located
 Court of Review ： Supreme People's Court
 The maritime court is an intermediate court 
 The jurisdiction of the Maritime Courts is interregional and is no
t based on administrative divisions, but mainly on the distributio
n of China's sea areas or watersheds. For example, the Wuhan
Maritime Court has jurisdiction over the Yangtze River mainline
and its tributaries, spanning ”five provinces and one city".
 The development and achievements of
China's maritime trials

 A specialized maritime justice system has been

formed, making it the country with the largest and most
comprehensive maritime judiciary in the world
 In the 33 years since the establishment of the Maritime
Court, a total of 308,762 maritime cases have been
heard, making it the country with the largest number of
maritime cases in the world
 The formation of a unique legal regime for maritime
justice: The Maritime law and The Special Maritime
Procedure Law in parallel
 The development and achievements of China's
maritime trials

 A highly qualified and Specialized maritime judiciary has b

een developed, with the highest number of maritime judge
s in the world
 China's maritime trials have a high international reputation
and influence
 Construction of the Asia-Pacific Centre for Maritime J
ustice (1997-2010)
 Construction of the International Maritime Justice Cen
tre
 Law applicable to maritime trials

 Entity Law ： Maritime Law Act (1993) etc.

 Procedural law ：
The Special Maritime Procedure Law (1999)
The Civil Procedure Law (2012)
 Supreme People's Court Maritime Judicial Interpretation,
20
 Relationship between The Special Maritime Procedure La
w and The Maritime Law
 Relationship between The Special Maritime Procedure La
w and The Civil Procedure Law
 Basic qualities expected of a maritime lawyer

 Proficient in law ： The Maritime Law and The Special

Maritime Procedure Law
 Know shipping ： Ships and Maritime Transport
 Foreign language skills ： Highly foreign-related
 Focus on developing a maritime litigation mindset
 Maritime cases have a number of foreign factors, involving a
wide range of fields, professional and technical, the subject
matter of the litigation of the characteristics of the mobility of
the majority of maritime cases decided to use special
territorial jurisdiction, scientific and efficient solution to
maritime disputes
 A few specific issues that should be noted in ha
ndling maritime cases

 Confirmation of whether the case is a maritime case?

 Examining the facts of the case and connecting the dots to c
onfirm jurisdiction in maritime cases
 Deciding on the maritime court to sue based on the parties' in
terests in the litigation
 Familiarity with the special provisions of maritime requests fo
r preservation and working around the “ship”
 Making the most of maritime requests for preservation
 Familiarity with the special legal regime of maritime commerc
e and knowledge of special procedures in maritime litigation
 Understanding and mastering the maritime claim
protection system

 The most distinctive legal regime in maritime proceedings

 New concepts in maritime requests for preservation
 Adherence to the party application doctrine for maritime
requests for preservation ,Contrast Article 100 of The Civil
Procedure Law
 Raising the principle of territorial jurisdiction in pre-action
maritime claims for preservation, Article 13 of The Maritime
Claims Law
 Understanding and mastering the maritime
claim protection system

 The principle that a maritime claim for preservation is not

subject to a litigation jurisdiction agreement or an arbitration
agreement ,Article 14
 The principle that pre-action maritime claims can acquire
jurisdiction ,Article 19
 Conditional application of the in rem principle ,Article 25
 Separate time limits for maritime requests for preservation of
arrest of ships and arrest of cargo
 Claims can be realized in the course of litigation: registration
of claims and payment procedures in ship auctions
Thank you !