[Commodity Maritime Law] Case Analysis

Author: He Lixin, Wu Haiyan
Publisher:
Publishing Date: 2004-06-01
Features: This book is divided into 12 chapters, covering 40+ real cases from 12 aspects such as ships, crew, maritime cargo transport contracts, maritime passenger transport contracts, ship charter contracts, ship collisions, maritime salvage, general average, limitation of liability in maritime law, maritime insurance contracts, special procedures in maritime litigation, and maritime administration. It provides legal analysis and commentary on the resolution of disputes in these cases. This book serves as a university-level case textbook for law students to connect theory with practice, reflecting the latest judicial dynamics.
Legal systems in civil law countries adopt the deductive method, where teachers typically start with legal concepts to explain legal principles. In contrast, legal education in common law countries employs the inductive method, with teachers deriving legal principles from specific judgments. Both approaches have their strengths and weaknesses. China follows the civil law tradition in legal education, where teachers often explain legal principles based on fundamental theories in class, and case or example discussions are arranged according to the need to illustrate these principles. This teaching method is undoubtedly necessary for law students, especially beginners, as it enables them to systematically grasp legal principles rather than in fragmented pieces. Only by systematically mastering legal principles can students accurately understand the rationale behind legal provisions and apply the law effectively in practice. However, this teaching method also has limitations, as purely theoretical instruction may leave students with a textbook-based understanding of the law, lacking the ability to analyze and solve practical problems.
In recent years, with the deepening of legal education reform in China, teaching methods such as case-based learning and legal clinics, which help develop students' practical skills, have gained increasing attention and have been introduced into various aspects of legal education. The School of Law at Xiamen University has always emphasized the integration of legal theory and judicial practice, requiring students to study both "law in books" and "law in action." In recent years' undergraduate teaching reforms, we have placed great importance on introducing and practicing case-based learning. In addition to increasing the proportion of cases in classroom teaching or offering separate case analysis courses, we have particularly focused on collaboration with judicial departments to make full use of local judicial resources, organizing judicial internships and research to cultivate students' practical abilities.
In 2003, we collaborated with the Xiamen Intermediate People's Court, hiring judges with rich judicial experience and master's degrees as part-time teachers to independently teach civil case analysis and criminal case analysis courses. Judges used cases they had personally adjudicated as teaching materials, integrating substantive and procedural law. They not only explained the legal principles and norms involved in the cases but also taught legal application methods and judicial skills for handling complex issues, allowing students to experience the judicial process as if they were directly involved. This initiative has yielded excellent teaching results. It not only benefits the development of practical skills for law students and bridges the gap between legal education and judicial examinations but also holds positive significance for cultivating expert judges.
Guided by the philosophy of collaborative education and making full use of judicial resources to serve legal education and cultivate high-quality, comprehensive law students, the School of Law at Xiamen University has once again collaborated with the Xiamen Intermediate People's Court and jointly with the Civil Trial Second Tribunal of the Fujian Provincial High People's Court, the Xiamen Maritime Court, the Quanzhou Intermediate People's Court, and the Ningde Intermediate People's Court to organize the writing of this "New Judicial Case Commentaries Series." This series aims to provide law students with a case textbook that connects theory with practice and reflects the latest judicial dynamics.
The cases in this series are carefully selected from tens of thousands of cases adjudicated by the aforementioned courts in recent years. They are not only up-to-date but also representative, fully reflecting the latest developments in legal relationships and judicial practice amid China's societal changes. Following the basic approach of combining principle explanation with problem resolution, we have asked the authors to not only elaborate on the fundamental legal principles relevant to each case but also conduct in-depth theoretical analysis of the difficulties and ambiguities involved. Therefore, this series is not only helpful for law students in learning the law but also beneficial for general readers in understanding legal knowledge and the current methods courts employ to address legal issues.
Leaders and judges from the Fujian Provincial High People's Court, Xiamen Intermediate People's Court, Xiamen Maritime Court, Quanzhou Intermediate People's Court, and Ningde Intermediate People's Court have enthusiastically supported the writing of this series, while leaders from Xiamen University Press have provided full assistance in its publication. On behalf of the series editorial committee, I extend my heartfelt gratitude to them. Without their support and assistance, we would not have been able to complete this work smoothly.