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Theoretical outlines for Chinese codification of Maritime Law
Author(s): 
Pages: 3-15+46
Year: Issue:  3
Journal: Annual of China Maritime Law

Keyword:  Maritime Code of the People’s Republic of ChinaMaritime Lawcodification of Maritime Lawintention of codificationprinciple of codification;
Abstract: Since the Maritime Code of the People’s Republic of China( hereinafter referred to as Maritime Law) had past &implemented,society has changed profoundly. Maritime Law is not in compliance with the legislation of Chinese and international society. In response to the new situation of ocean strategy,for complying with the inherent law of Maritime Law,and for consilience of characteristics of social modernization of Maritime Law,we should formulate a Code of Chinese Maritime Law as soon as possible. And the codification of Maritime Law should adhere to the principle of openness,prospective and collaboration. First,it is to modify the relevant clauses of Maritime Law and integrate judicial explanations; Then the second step is to enlarge its scope of application,increase the legal norms which contribute to trade and shipping development in the contemporary ocean era. Besides,civil,administrative,criminal norms and the corresponding procedure which are related to shipping and marine operations should be brought into Chinese Maritime Law Code for the purpose of unification.
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