Research on Maritime Law. 2002. Issue 1. Total Issue 8

Author: Peking University Maritime Law Research Center
Publisher:
Publish Date: 2003-04-01
Features: Nearly a decade has passed since the implementation of China's Maritime Law. Over the past ten years, China's maritime industry has experienced rapid development, the continuous enrichment of maritime legislation, the establishment and improvement of the maritime judicial system, and the profound deepening of maritime law research under these conditions. One notable dynamic in the maritime law community is the call for revising the Maritime Law. It is an undeniable fact that the Maritime Law cannot resolve many ambiguities in practice, but like its formulation, legal revision is a very serious matter. Before revising the law, can we not conduct a more comprehensive review of the existing Maritime Law? What are its main successes and failures? What are the characteristics of its legislative techniques, and how are their advantages and disadvantages? Should they be avoided or adopted in the revision? What content should it include but currently does not, or what should not be included but is? Which practical issues are truly caused by legislative shortcomings, and which are due to misunderstandings? Which provisions must be amended, and which can be resolved through proper interpretation? Before accurate answers to these questions are obtained, any revision would inevitably appear hasty and reckless. Furthermore, can we not conduct a more comprehensive review of the Maritime Law itself?