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受权发布|中华人民共和国海商法
Xin Hua She· 2025-10-28 23:14
Core Points - The Maritime Code of the People's Republic of China aims to regulate maritime transport relationships, protect the legal rights of parties involved, enhance marine ecological protection, and promote high-quality development of maritime transport and economic trade [3][6]. Chapter Summaries Chapter 1: General Principles - The law defines maritime transport as including both maritime cargo transport and passenger transport, covering direct transport between rivers and seas [3]. Chapter 2: Vessels - Vessels must be registered to obtain Chinese nationality and are entitled to fly the national flag [4]. - Ownership of vessels includes rights to possession, use, income, and disposal, which must be registered to be enforceable against third parties [7][8]. - The establishment of a ship mortgage requires a written contract and registration to be effective against third parties [10][12]. Chapter 3: Crew - The law defines crew members, including the captain, and mandates that Chinese crew members obtain appropriate certificates and health proofs [33][34]. Chapter 4: Maritime Cargo Transport Contracts - Maritime cargo transport contracts involve carriers receiving freight to transport goods from one port to another, including both international and domestic transport [38]. - Carriers are responsible for the goods during the transport period and must ensure the vessel is seaworthy and properly equipped [47][48]. Chapter 5: Maritime Passenger Transport Contracts - This chapter outlines the responsibilities and rights of carriers and passengers in maritime passenger transport [not explicitly detailed in the provided text]. Chapter 6: Charter Contracts - The chapter includes provisions for different types of charter contracts, including voyage and time charters [not explicitly detailed in the provided text]. Chapter 7: Maritime Towage Contracts - This chapter addresses the legal framework for contracts related to maritime towage [not explicitly detailed in the provided text]. Chapter 8: Ship Collisions - The law provides guidelines for handling ship collisions, including liability and compensation [not explicitly detailed in the provided text]. Chapter 9: Maritime Salvage - This chapter outlines the rights and obligations related to maritime salvage operations [not explicitly detailed in the provided text]. Chapter 10: General Average - The law addresses the principles of general average, which involves shared losses among parties in maritime transport [not explicitly detailed in the provided text]. Chapter 11: Limitation of Liability for Maritime Claims - This chapter sets forth the conditions under which parties can limit their liability for maritime claims [not explicitly detailed in the provided text]. Chapter 12: Liability for Oil Pollution Damage - The law establishes liability for damages caused by oil pollution from vessels [not explicitly detailed in the provided text]. Chapter 13: Maritime Insurance Contracts - This chapter outlines the general provisions for maritime insurance contracts, including the rights and obligations of the insured and insurer [not explicitly detailed in the provided text]. Chapter 14: Statute of Limitations - The law specifies the time limits for bringing maritime claims [not explicitly detailed in the provided text]. Chapter 15: Applicable Law for Foreign Relations - This chapter addresses the legal applicability in cases involving foreign parties [not explicitly detailed in the provided text]. Chapter 16: Supplementary Provisions - The final chapter includes various supplementary provisions relevant to the implementation of the law [not explicitly detailed in the provided text].
中华人民共和国海商法
Xin Hua Wang· 2025-10-28 17:01
General Principles - The Maritime Code of the People's Republic of China aims to regulate maritime transport relationships, protect the legal rights of all parties involved, enhance marine ecological environment protection, and promote high-quality development of maritime transport and economic trade [5][6]. Vessels - A vessel is defined as a sea vessel and other mobile devices at sea, excluding military and government vessels, as well as small vessels under 20 gross tons [5][6]. - Vessels must be registered to obtain Chinese nationality and are entitled to fly the national flag [5][6]. Maritime Transport Contracts - Maritime transport contracts involve the carrier receiving freight to transport goods from one port to another, including both international and domestic maritime transport contracts [38][39]. - The carrier is responsible for the goods during the transport period, which starts from the time of receiving the goods until delivery at the destination [41][49]. Carrier's Responsibilities - The carrier must ensure the vessel is seaworthy and properly equipped before departure [48]. - The carrier is liable for loss or damage to goods during the transport period unless specific exceptions apply, such as natural disasters or actions by the shipper [52][56]. Shipper's Responsibilities - The shipper must deliver goods suitable for transport and ensure proper packaging and accurate information regarding the goods [67][68]. - The shipper is responsible for any losses incurred by the carrier due to improper packaging or incorrect information [68]. Bills of Lading - A bill of lading serves as proof of the contract of carriage and receipt of goods, and it must include specific information such as the nature of the goods, names of the parties, and ports of loading and unloading [59][60]. - The bill of lading can be transferred under certain conditions, and its absence does not affect the rights and obligations between the carrier and the shipper [62][63]. Electronic Transport Records - Electronic transport records are recognized as having the same legal effect as traditional transport documents, provided they meet specific regulatory requirements [66][67]. - The conversion between electronic records and traditional documents is permitted, ensuring consistency in recorded information [86][87]. Delivery of Goods - Upon delivery, the recipient must notify the carrier of any loss or damage to the goods; failure to do so may result in the assumption that the goods were delivered in good condition [88][89]. - The carrier has the right to retain goods until all due payments are made, including freight and other related costs [94][95].
吸收借鉴最新国际公约精神,海商法修订草案将三审
Xin Jing Bao· 2025-10-23 04:38
Core Points - The upcoming 18th meeting of the 14th National People's Congress Standing Committee will conduct the third review of the Maritime Commercial Law amendment draft [1] Group 1: Amendments to Maritime Commercial Law - The draft amendment aims to adapt to the development trends in maritime practice, incorporate the latest international conventions, and balance various interests to promote high-quality development in shipping trade and marine ecological protection [2] - Key modifications include the addition of provisions for querying ship ownership registration status, refining the rules for the priority of ship mortgage repayment, and stipulating timely notification to shippers when there is no pickup at the unloading port [2] - The draft also removes the presumption rule for carrier identification and adds relevant countermeasures [2] Group 2: Environmental Protection Measures - A new chapter on ship oil pollution liability has been added to the Maritime Commercial Law amendment, reflecting the increasing demands for marine environmental protection [3] - The amendment aligns with international conventions that China participates in, such as the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage [3] - It establishes regulations on the scope of oil pollution damage compensation, liability assumptions, exemptions, and the oil pollution liability insurance and fund systems, thereby supporting China's commitment to marine ecological civilization and international obligations [3]