Lloyd's Maritime and Commercial Law Quarterly
THE MARITIME CODE OF THE PEOPLE’S REPUBLIC OF CHINA
L. Li*
I. INTRODUCTION
It seems very strange that, from its inception in 1949 until June 1992, the People’s Republic of China, a major maritime state with a national fleet of over 13 million GRT,1 had not worked out a maritime code, although there has been a successful shipping policy for the development of its national shipping through years of effort.2 A maritime code of China is of great interest to many worldwide because of the size of its fleet. But the law applicable to maritime commerce under the general principles of civil law could make the Chinese maritime courts produce what many foreign plaintiffs and defendants perceive as “eccentric” decisions.3 The maritime courts cannot be blamed since they must apply the law. According to legal doctrines in China, maritime law is a special branch of law within the family of the civil law.4 Therefore, the principles of civil law will apply if there exists no special law. Because there was no maritime code, the courts would look into various existing rules of civil law and apply them to maritime disputes. But this is not the case today. The last draft for a maritime code was finally put into the Agenda of the Chinese legislators5 in June 1992. After several months’ work by the Chinese legislators, the Maritime Code was approved by the legislators on 7 November 1992 and
* Sinclair Roche, Hong Kong. The author wishes to give his sincere thanks to Mr Zhou Yubo of the China Maritime Arbitration Commission for his support in writing this article and to Dr F. D. Rose, General Editor of this Quarterly, for his advice and comments.
1. Lloyd’s Register of Shipping, 21 September 1990.
2. For a general introduction to China’s shipping development and policies, see: Song Billy, “Shipping and Shipbuilding Policies in PR China”, Marine Policy, January 1990, pp. 53–57; Irwin Millard Heine, China’s Rise To Commercial Maritime Power (Greenwood Press, New York, 1989); George Lauriat, China Shipping: The Great Leap Forward (Lloyd’s of London Press, 1983); Lianjun Li, A Study of China’s Maritime Shipping Policy (World Maritime University, Malmö, Sweden, 1990).
3. See some criticism from Fairplay, 7 November 1991.
4. See the Speech for the Proposal of a Maritime Code in Session of the Standing Committee of the Chinese Legislators by Mr Yang Jingyu, Director of Legal Administration of the State Council, 23 June 1992.
5. China began to draft a maritime code at the inception of new China. The drafting work has been coordinated by the Ministry of Communications since 1952. The ninth draft was finished in 1963. After that, the drafting of a maritime code was suspended for almost 20 years due to the political situation in China. The work was resumed in 1982. The draft of the maritime code was passed at State Council on 5 June 1992 and was finally presented to the Session of the Standing Committee of Chinese Legislators on 23 June 1992. The Committee debated the proposal on 26 June 1992. The final draft was presented to the 28th Session of the Standing Committee of the National Congress of the People’s Deputies, beginning 30 October 1992. The Committee approved the code on 7 November 1992. The code will come into force on 1 July 1993.
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