Chapter 4 Introduction of

Maritime Law

Section 1 Definition and Subject Matter

of Maritime Law
I
Definition of
maritime law/law of
admiralty
maritime law
or law of admiralty

CMC Art.1
This Code is enacted with a view to
regulating the relations arising from
maritime transport and those pertaining to
ships, to securing and protecting the
legitimate rights and interests of the parties
concerned, and to promoting the
development of maritime transport,
economy and trade.

II Subject matter of maritime law

(I)special social relationships in marine transport
1
The contract
relationship
related to marine
transport

2
Law relationship
deriving from
maritime tort

3
Law relationship
deriving from
marine special
risk

(II) special social relationships related to ship

1

Legal status of
ship
Nationality; flag;
right of cabotage
, etc.

Real right of ship:

ownership of
ships; mortgage of
ships; maritime
liens; possessory
lien of ships , etc.

Ship
safety:seaworthin
ess conditions;
survey; pilotage;
manning; etc.

4
Ship
management:
register;
administration,
etc.

Section 2 Sources of Maritime Law

I National Legislations

II
International
Shipping
Conventions

CMC Art.268 1
CMC Art.1
If any international treaty concluded or
This Code is enacted with a view to
acceded to by the People's Republic of
regulating the relations arising from
China contains provisions differing from
maritime transport and those pertaining to
those contained in this Code, the
ships, to securing and protecting the
provisions of the relevant international
legitimate rights and interests of the parties
treaty shall apply, unless the provisions are
concerned, and to promoting the
those on which the People's Republic of
development of maritime transport,
China has announced reservations.
economy and trade.

III International Shipping practice

CMC Art.268 2
International
practice may be
applied to matters
for which neither the
relevant laws of the
People's Republic of
China nor any
international treaty
concluded or
acceded to by the
People's Republic of
China contain any
relevant provisions.

IV Other Resources of Maritime Law

(i)
(i)

cases

(ii)
(ii)

doctrines
and legal
theories

Section 3 Nature, Characteristics and

Developing Tendency of Maritime Law
I

Nat
ure
of
ML

(1) part of commercial law

(2) special law of civil law
(3) part of economic law
(4) part of maritime law
(5) branch of International
economic law
(6) independent legal branch

II Characteristics of Maritime Law

strong foreign-related character

(1)

strong technical characters:collision

avoidance;salvation;freight;ship structure;equipment of crew

risky;special clauses

(2)

(3)

III History Development of Maritime Law

1.Unified trend
2.Greater responsibility of shipowners
3.Devleoping towards the Public Law
4.Maritime legislation developing from cargo-centered
to ship-centered
5.Crew legislation developing from welfare to
qualification