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Law

Typical Cases of National Maritime Trials in 2022 after the promulgation of the Supreme Law

2023-06-30   

July 1, 2023 is the 30th anniversary of the implementation of the Maritime Law of the China. To fully leverage the exemplary effect of typical cases and demonstrate the important role of maritime justice in strengthening marine ecological protection, promoting marine economic development, and safeguarding marine rights and interests, on June 30, the Supreme People's Court released the 2022 National Maritime Trial Typical Cases. The endogenous driving force for the high-quality development of judicial trial work is further released, and the credibility and influence of maritime justice are further enhanced. The 10 typical cases released this time fully demonstrate the people's court's efforts to create a preferred location for resolving foreign-related maritime disputes, and provide high-level service guarantees for opening up to the outside world. In the case, the Chinese maritime court took the initiative to recognize maritime judgments of foreign courts, enhancing judicial cooperation and mutual trust between China and countries around the world; Fully respect the parties' willingness to arbitrate, take arbitration preservation measures in accordance with the law, and create a judicial environment that supports arbitration; By utilizing the achievements of the construction of smart courts and resolving disputes fairly and efficiently, the credibility and influence of China's maritime justice continue to improve. Fully leveraging the judicial function of maritime affairs and promoting the recovery of international shipping and the development of the marine economy are also prominent features reflected in this case. In the case, the people's court strengthened the governance of maritime dispute sources, resolved mass disputes in accordance with the principle of "handling one case properly, resolving one area", and maintained international trade and shipping order; Accurately understand the meaning of the international general contract model, actively apply international practices, and serve to ensure the healthy development of the international shipping market; Protect the safety of ship financing leasing transactions, standardize the order of the shipping financial market, and assist in optimizing the soft environment for shipping development. The typical cases released this time also reflect the people's court's efforts to increase judicial protection of the marine environment and ensure the construction of marine ecological civilization. In the case, the people's court supported the procuratorial organs to initiate marine environmental public interest litigation in accordance with the law, and improved the marine environmental public interest litigation system with Chinese characteristics; Strictly crack down on illegal activities such as illegal mining of sea sand, resolutely safeguard national marine rights and interests, ensure the safety of marine ecological environment, and safeguard the construction of marine ecological civilization through judicial trials. (New News Agency)

Edit:Zhou Shu Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

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