Research on Maritime Law (No. 1, 2002 Issue, Total No. 8 Issue)

Author: Research Center of Law School, Peking University
Publisher:
Publish Date: 2002-04-01
Features: Nearly a decade has passed since the implementation of China's Maritime Code. 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 deepening of maritime law research under these conditions. One notable dynamic in the maritime law community is the call for revising the Maritime Code. It is an undeniable fact that the Maritime Code cannot resolve many ambiguities in practice, but like its formulation, the revision of the law is a very serious matter. Before revising the law, can we not conduct a more comprehensive review of the existing Maritime Code? 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 be included but is not, or what should not be included but is? What practical issues are truly caused by legislative failures, and what are caused by misunderstandings? Which provisions must be amended, and which can be resolved through appropriate 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 Code itself?