The maritime law of China is of vital interest to anyone trading with what will become the world's largest economy in the 21st century.
Judge Zhang Jinxian, President of the Shanghai Maritime Court, shares his unrivalled knowledge of the operation of the Chinese maritime justice system.
Contents
Foreword
About the Author
1 Introduction
1.1 Chinese Shipping
1.2 The Establishment and Development of the Maritime Courts
1.3 Supervision of the Maritime Courts
2 Jurisdiction of Maritime Courts
2.1 General
2.2 Factors Relevant to the Exercise of Maritime Jurisdiction
3 Basic Principles and Systems for Maritime Litigation
4 Laws and Regulations Applied in Chinese Maritime Justice
4.1 Application of Domestic Laws
4.2 Application of International Conventions
4.3 Application of International Practices
4.4 Application of Foreign Laws
4.5 Application of Regulations and Judicial Interpretations of SPC
5 Arrest and Enforced Sale of Ships
5.1 Scope of Maritime Claims
5.2 Scope of Ship Arrest
5.3 Application Procedures for Ship Arrest
5.4 Ship Arrest Costs
5.5 Ship Arrest and Litigation
5.6 Enforced Sale of Ships and Liquidation
6 Characteristics of China’s Maritime Judicial Work
6.1 Impartiality and Justice
6.2 Trials to be Conducted Expeditiously
6.3 Evidence: Role of Parties and Courts
6.4 Expert Evidence
6.5 Internationalist Approach
7 Specific Questions on the Administration of Justice
7.1 Maritime Lien
7.2 Jurisdiction Clause in Bills of Lading
7.3 Letters of Indemnity
7.4 Limitation of Shipowner’s Liability
7.5 Maritime Fraud
8 China’s Maritime Judiciary
8.1 Appointments, Removal and Promotion
8.2 Education and Training
8.3 Ethics and Discipline
9 China’s Maritime Lawyers
10 Relationship Between the Maritime Courts and Maritime Arbitration Bodies