SPC releases guiding cases of maritime adjudication in special issue
In a significant move, the Supreme People's Court (SPC) has released seven guiding cases of maritime adjudication, marking the first time the SPC has dedicated a special issue to guiding cases in the area.
This release coincides with the 40th anniversary of the establishment of maritime courts in China.
The seven cases cover a range of sectors including contracts for maritime cargo transportation, maritime distress assistance, liability for ship collision damage, establishment of a limitation fund for maritime compensation liability, recognition of civil judgments by foreign courts, and the application of foreign-related laws. They provide more authoritative and precise guidelines for adjudicating similar cases.
Maritime adjudication plays a vital role in safeguarding national maritime interests, protecting the marine environment, promoting high-quality development of the maritime economy, and supporting the building of a strong maritime country.
Over 40 years of development, China has emerged as a leading country in terms of the number and variety of maritime courts and cases.
The promulgation of China's Maritime Code in 1992 marked the establishment of specialized maritime legislation in China. The issuance of the Special Maritime Procedure Law in 1999 provided solid procedural safeguards for the effective implementation of maritime law, signifying the basic formation of China's maritime legal system.
The Maritime Code, tailored to China's practical needs, comprehensively regulates the unique systems and rules in the maritime field, drawing on and incorporating beneficial experiences from international conventions, practices, and widely influential standard contracts. It is a law that aligns closely with international standards, laying a solid legal foundation for the vigorous development of the shipping and foreign trade industries in China and the accelerated development of a maritime power.
As maritime judicial practices continue to evolve, the SPC has effectively fulfilled its responsibilities in judicial supervision and guidance. It has successively issued several judicial interpretations and guiding cases related to issues such as release of cargo without bills of lading, ship collisions, and limitations of liability in maritime compensation, significantly promoting the correct and unified application of the law and ensuring fairness and efficiency in maritime adjudication.
The release of the guiding cases aims to further address legal application challenges in the maritime field, unify judgment standards for similar cases, and elevate China's overall level of maritime adjudication.