Jurisdictional Conflicts between maritime Courts and the People’s Courts in China
Dr. Ling Zhu The Hong Kong Polytechnic University Hong Kong
Saturday, 14 September – 11:00 am Room W 201, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich
In China, the courts are divided into the Supreme People’s Court, local people’s courts at all levels, and specialized courts. Maritime courts have been gradually established to solve maritime claims and disputes within their statutory jurisdiction area. The legal framework regulating the allocation of jurisdiction of first-instance civil and commercial cases seems clear and straightforward; however, conflicts and debates may arise as to whether to choose a maritime court or a local people’s court when deciding over a maritime dispute. This article thus aims to examine the jurisdictional conflicts between the maritime courts and the people’s courts in China. It concludes that, despite all legislative efforts made so far, conflicts and uncertainties from time to time arise concerning the appropriate jurisdiction over maritime disputes and claims. Greater clarity and assuredness by the relevant authority are thus needed for a better and more efficient system for deciding the jurisdiction of maritime cases in China.