Chapter 4 Introduction of Maritime Law

Section 1 Definition and Subject Matter of Maritime Law 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. Definition of maritime law/law of admiralty maritime law or law of admiralty

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. 2 Real right of ship: ownership of ships; mortgage of ships; maritime liens; possessory lien of ships , etc. 3 Ship safety:seaworthiness conditions; survey; pilotage; manning; etc. 4 Ship management: register; administration, etc.

Section 2 Sources of Maritime Law I、National Legislations CMC Art.268（1） If any international treaty concluded or acceded to by the People's Republic of China contains provisions differing from those contained in this Code, the provisions of the relevant international treaty shall apply, unless the provisions are those on which the People's Republic of China has announced reservations. II 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. International Shipping Conventions

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.

doctrines and legal theories IV、Other Resources of Maritime Law (i) (ii) cases doctrines and legal theories

Section 3 Nature, Characteristics and Developing Tendency of Maritime Law (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 Nature of ML

II、Characteristics of Maritime Law strong foreign-related character (1) strong technical characters:collision avoidance;salvation;freight;ship structure;equipment of crew (2) risky;special clauses (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