The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China
Maritime Law of the People's Republic of China has not established a system of rules for ships under construction, leading to disputes in practice such as whether relevant parties of ships under construction can apply for the limitation of liability for maritime claims, and whether the rules in...
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| Format: | Article |
| Language: | zho |
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Editorial Office of Ocean Development and Management
2024-09-01
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| Series: | Haiyang Kaifa yu guanli |
| Subjects: | |
| Online Access: | http://www.haiyangkaifayuguanli.com/hykfyglen/ch/reader/view_abstract.aspx?file_no=20240904&flag=1 |
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| _version_ | 1825199562311073792 |
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| author | CAO Xingguo SUN Ninglu |
| author_facet | CAO Xingguo SUN Ninglu |
| author_sort | CAO Xingguo |
| collection | DOAJ |
| description | Maritime Law of the People's Republic of China has not established a system of rules for ships under construction, leading to disputes in practice such as whether relevant parties of ships under construction can apply for the limitation of liability for maritime claims, and whether the rules in relation to maritime liens and the marine insurance contract can be applied. The root of the such disputes lies in the fact that the current Chinese Maritime Code is absent on the legal status of ships under construction. Through the analysis of the theoretical basis, comparative reference and demarcation standards, the phased application approach can be deployed to solve the disputes concerning ships under construction. It is proposed to adopt a systematic perspective to clarify the phased application approach during the revision of the Chinese Maritime Code. Specifically, it is recommended that ships under construction after launching to be included in the scope of ships, so as to realize the phased application approach of the Chinese Maritime Code to ships under construction and to improve the rule system for ships under construction. |
| format | Article |
| id | doaj-art-3e10234838094395a6927db423396904 |
| institution | Kabale University |
| issn | 1005-9857 |
| language | zho |
| publishDate | 2024-09-01 |
| publisher | Editorial Office of Ocean Development and Management |
| record_format | Article |
| series | Haiyang Kaifa yu guanli |
| spelling | doaj-art-3e10234838094395a6927db4233969042025-02-08T03:43:31ZzhoEditorial Office of Ocean Development and ManagementHaiyang Kaifa yu guanli1005-98572024-09-0141928351005-9857(2024)09-0028-08The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of ChinaCAO Xingguo0SUN Ninglu1Law School of Dalian Maritime University, Dalian 116026, ChinaLaw School of Dalian Maritime University, Dalian 116026, ChinaMaritime Law of the People's Republic of China has not established a system of rules for ships under construction, leading to disputes in practice such as whether relevant parties of ships under construction can apply for the limitation of liability for maritime claims, and whether the rules in relation to maritime liens and the marine insurance contract can be applied. The root of the such disputes lies in the fact that the current Chinese Maritime Code is absent on the legal status of ships under construction. Through the analysis of the theoretical basis, comparative reference and demarcation standards, the phased application approach can be deployed to solve the disputes concerning ships under construction. It is proposed to adopt a systematic perspective to clarify the phased application approach during the revision of the Chinese Maritime Code. Specifically, it is recommended that ships under construction after launching to be included in the scope of ships, so as to realize the phased application approach of the Chinese Maritime Code to ships under construction and to improve the rule system for ships under construction.http://www.haiyangkaifayuguanli.com/hykfyglen/ch/reader/view_abstract.aspx?file_no=20240904&flag=1ships under constructionphased application approachsystematizationthe revision of the chinese maritime code |
| spellingShingle | CAO Xingguo SUN Ninglu The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China Haiyang Kaifa yu guanli ships under construction phased application approach systematization the revision of the chinese maritime code |
| title | The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China |
| title_full | The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China |
| title_fullStr | The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China |
| title_full_unstemmed | The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China |
| title_short | The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China |
| title_sort | path of systematic improvement of the rules for ships under construction in maritime law of the people s republic of china |
| topic | ships under construction phased application approach systematization the revision of the chinese maritime code |
| url | http://www.haiyangkaifayuguanli.com/hykfyglen/ch/reader/view_abstract.aspx?file_no=20240904&flag=1 |
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