The Supreme Law releases 11 typical cases to unify maritime adjudication standards

China's Supreme Law Issues 11 Typical Cases to Unify Maritime Trial Judgments

　　China News Service, Beijing, September 8 (Reporter Zhang Su) After the collision of two foreign ships outside China’s jurisdiction, the agreement chooses the jurisdiction of the Chinese maritime court and agrees to apply Chinese law; foreign banks have the right to apply to any country in the world. In the case of litigation by the local courts, they voluntarily choose to litigate in the China Maritime Court; the court accurately applies the relevant provisions of the "Special Procedures Law of the People’s Republic of China on Maritime Procedures," and allows them to continue unloading at the port of destination after the arrest of foreign vessels, and organizes all parties involved Successful mediation...

　　These are all from the 2019 National Maritime Trial Typical Cases recently released by the Supreme People's Court of China.

The reporter learned from the Supreme Law on the 8th that 11 typical cases were released to further unify the criteria for refereeing.

　　For example, in a dispute between the Shanghai Salvage Bureau of the Ministry of Transport of the People’s Republic of China and the Provence Shipowner 2008-1 Co., Ltd., CMA CGM, and Rockwell Shipping Co., Ltd., a dispute over maritime disaster rescue and ship pollution damage liability, clarified relevant domestic laws and regulations. The adjustment boundary of the international treaty clarifies the liability for oil pollution damage of the party other than the oil spilling vessel in the ship collision accident and the related liability limitation and liability limitation fund allocation rules.

　　Another example is to accurately define the value orientation of the current Chinese law for the design of the property preservation system, and to clarify that the loss of the respondent caused by the mistake of applying for preservation belongs to the category of tort, and the principle of fault liability should be applied.

　　For another example, in response to the adjustment of the import customs clearance policy of South American countries, the reasonable allocation of the burden of proof between the shipping and the cargo in disputes involving delivery of goods without B/L.

In the case of a maritime cargo transportation contract dispute released this time, the carrier inquired the records of Brazil's foreign trade cargo system through Brazilian local lawyers and notaries, which confirmed that the carrier did not agree to release the goods, and the full set of ocean bills of lading still involved Under its control, it can be proved that it is not responsible for the delivery of goods without B/L.

　　According to the relevant person in charge of the Supreme Law, these typical cases also reflect the continuous strengthening of maritime administrative trials by the courts, resolutely maintaining fair market competition order, protecting China's marine ecological environment, and maintaining maritime navigation safety.

Among them, the court determined that the administrative agency's power to exclude other assessment agencies with corresponding fishing vessel assessment qualifications from participating in market competition is an illegal administrative act that abuses administrative power to exclude competition.

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