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《海商法》修改之我见

the revision of China’s Maritime Law
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摘要 《海商法》自1993年7月1日生效以来,为海商海事争议的解决提供了法律依据,也促进了中国的法制建设和海运贸易的发展。但随着生产力发展水平、航运政策、航运经济与航运实践的发展,《海商法》呈现出一定程度的滞后性。发展海洋强国、航运强国,立法需先行。 Since its entry into force on July 1, 1993, the Maritime Law has provided a legal basis for the settlement of maritime disputes and promoted the legal construction and the development of maritime trade in China. However, with the development of productivity, shipping policy, shipping economy and shipping practice, the Maritime Law shows a certain degree of lag. To develop a maritime and shipping power, legislation should be the first step. On September 7, 2018, the thirteenth session of the Standing Committee of the National People’s Congress announced the term planning legislation and listed it into the second project, including amend the Maritime Law on the "need to work, when conditions are ripe to review the draft law", aimed at making the revised Maritime Law to better adjust the relations of maritime transport, activate market main body and promote to form new pattern of fully open. Since then, the amendment of Maritime Law has entered into the fast track of legislation. The Maritime Law has a natural extraneous nature, which is to some extent an extension of domestic law in the international arena. Due to the large number of legal subjects involved in the Maritime Law and the complicated legal relationship adjusted, the opinions and opinions of all sectors of society on the revision of the Maritime Law are also varied. In order to make suggestions for the legislative work, this issue of Maritime China focuses on bringing together the perspectives and views of experts in different fields such as maritime law research, judicature, arbitration, shipping, cargo and insurance.
出处 《中国远洋海运》 2019年第12期34-55,11,共23页 Maritime China
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