Openness and Inclusiveness: Nature of Chinese Maritime Law and Legal Practices

Hong Jun Shan, Yun Liang

Abstract


The openness and inclusiveness is the nature of Chinese maritime law and legal practices. In broad sense, the openness and inclusiveness in this paper has no clear distinction. Both words in the context jointly refer to being inclusive of international ideas and precedents. Chinese maritime law in this paper includes not only the China Maritime Code but also other relevant laws, regulations, judicial interpretations, etc. When drafting the China Maritime Code, international ideas and precedents had been borrowed from or incorporated directly. When adjudicating a maritime case a governing international convention concluded and acceded to by China can directly apply to. Also, there is a guidance case system established by the Supreme People's Court in 2010, by which a Guidance Case released by the Court shall be taken as a reference by all-level people courts when deciding a similar case. Currently, there are some defects or gaps in Chinese maritime law. With the nature of openness and inclusiveness, the defects or gaps will be made up or filled in the near future. Compared with its past, the Chinese maritime law will become the perfect one.

Keywords


Openness and Inclusiveness, Nature, Chinese maritime law, Legal practices

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