中华人民共和国海事诉讼特别程序法 Special Maritime Procedure Law of the Peoples Republic of China

(Adopted at the 13th Meeting of the Standing Committee of the Ninth National People's Congress on December 25 1999, promulgated by Order No. 28 of the President of the People's Republic of China on December 25 1999)
颁布日期：19991225 　实施日期：20000701 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Jurisdiction

　　Chapter III Maritime Claims Preservation

　　Section 1 General Principles

　　Section 2 Arresting or Auction Sale of Ships

　　Section 3 Arrest and Auction of the Goods on Board

　　Chapter IV Maritime Injunction

　　Chapter V Maritime Evidence Preservation

　　Chapter VI Maritime Guarantee

　　Chapter VII Service

　　Chapter VIII Trial Procedures

　　Section 1 Provisions on Trying Cases Involving Collision of Ships

　　Section 2 Provisions on Trying Cases Involving General Average

　　Section 3 Provision on Exercising the Right to Indemnity by Subrogation

　　by a Maritime Insurer

　　Section 4 Summary Procedures, Procedures for Hastening Debt Recovery

　　and Procedures for Publicizing Public Notice for Assertion

　　of Claims

　　Chapter IX Procedures for Constituting a Limitation Fund for Maritime Claims Liability

　　Chapter X Procedures for Registering Creditors' Rights and Repayment of Debt

　　Chapter XI Procedures for Publicizing Notice for Assertion of Maritime Liens

　　Chapter XII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated for the purposes of maintaining the litigation rights, ensuring the ascertaining of facts by the people's courts, distinguishing right from wrong, applying the law correctly, trying maritime cases promptly.

　　Article 2 Whoever engages in maritime litigation within the territory of the People's Republic of China shall apply the Civil Procedure Law of the People's Republic of China and this Law. Where otherwise provided for by this Law, such provisions shall prevail.

　　Article 3 If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ from provisions of the Civil Procedure Law of the People's Republic of China and this Law in respect of foreign-related maritime procedures, the provisions of the international treaty shall apply, except those on which China has made reservations.

　　Article 4 The maritime court shall entertain the lawsuits filed in respect of a maritime tortious dispute, maritime contract dispute and other maritime disputes brought by the parties as provided for by laws.

　　Article 5 In dealing with maritime litigation, the maritime courts, the high people's courts where such courts are located and the Supreme People's Court shall apply the provisions of this Law.

　　Chapter II Jurisdiction

　　Article 6 Maritime territorial jurisdiction shall be conducted in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.

　　The maritime territorial jurisdiction below shall be conducted in accordance with the following provisions:

　　(1) A lawsuit brought on maritime tortious may be, in addition to the provisions of Articles 19 to 31 of the Civil Procedure Law of the People's Republic of China, under jurisdiction of the maritime court of the place of its port of registry;

　　(2) A lawsuit brought on maritime transportation contract may be, in addition to the provisions of Articles 82 of the Civil Procedure Law of the People's Republic of China, under jurisdiction of the maritime court of the place of its port of re-transportation;

　　(3) A lawsuit brought on maritime charter parties may be under jurisdiction of the maritime court of the place of its port of ship delivery, port of ship return, port of ship registry, port where the defendant has its domicile;

　　(4) A lawsuit brought on a maritime protection and indemity contract may be under jurisdiction of the maritime court of the place where the object of the action is located, the place where the accident occurred or the place where the defendant has its domicile;

　　(5) A lawsuit brought on a maritime contract of employment of crew may be under jurisdiction of the maritime court of the place where the plaintiff has its domicile, the place where the contract is signed, the place of the port where the crew is abroad or the port where the crew leaves the ship or the place where the defendant has its domicile;

　　(6) A lawsuit brought on a maritime guaranty may be under jurisdiction of the maritime court of the place where the property mortgaged is located or the place where the defendant has its domicile; a lawsuit brought on a ship mortgage may also be under jurisdiction of the maritime court in the place of registry port;

　　(7) a lawsuit brought on ownership, procession, and use, maritime liens of a ship, may be under jurisdiction of the maritime court of the place where the ship is located, the place of ship registry or the place where the defendant has its domicile.

　　Article 7 The following maritime litigation shall be under the exclusive jurisdiction of the maritime courts specified in this Article:

　　(1) A lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the maritime court of the place where the harbour is located;

　　(2) A lawsuit brought on a dispute over pollution damage for a ship's discharge, omission or dumping of oil or other harmful substances, or maritime production, operations, ship scrapping, repairing operations shall be under the jurisdiction of the maritime court of the place where oil pollution occurred, where injury result occurred or where preventive measures were taken;

　　(3) A lawsuit brought on a dispute over a performance of a maritime exploration and development contract within the territory of the People's Republic of China and the sea areas under its jurisdiction shall be under the jurisdiction of the maritime court of the place where the contract is performed.

　　Article 8 Where the parties to a maritime dispute are foreign nationals, stateless persons, foreign enterprises or organizations and the parties, through written agreement, choose the maritime court of the People's Republic of China to exercise jurisdiction, even if the place which has practical connections with the dispute is not within the territory of the People's Republic of China, the maritime court of the People's Republic of China shall also have jurisdiction over the dispute.

　　Article 9 An application for determining a maritime property as ownerless shall be filed by the parties with the maritime court of the place where the property is located; an application for declaring a person as dead due to a maritime accident shall be filed with the maritime court of the place where the competent organ responsible for handling with the accident or the maritime court that accepts the relevant maritime cases.

　　Article 10 In the event of a jurisdictional dispute between a maritime court and a people's court, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction.

　　Article 11 When the parties apply for enforcement of maritime arbitral award, apply for recognition and enforcement of a judgement or written order of a foreign court and foreign maritime arbitral award, an application shall be filed with the maritime court of the place where the property subjected to execution or of the place where the person subjected to execution has its domicile. In case of no maritime court in the place where the property subjected to execution or in the place where the person subjected to

execution has its domicile, an application shall be filed with the intermediate people's court of the place where the property subjected to execution or of the place where the person subjected to execution has its domicile.

　　Chapter III Maritime Claims Preservation

　　Section 1 General Principles

　　Article 12 Maritime claims mean maritime courts, according to applications of maritime claimants, take compulsory preservation measures against property of persons against whom the claims are brought up in order to ensure the realization of such rights.

　　Article 13 An application for maritime claims by the parties shall, before bring a lawsuit, be filed with the maritime court of the place where the property subjected to preservation.

　　Article 14 Maritime claims shall not be bound by procedure jurisdiction agreements or arbitration agreements relating to the said maritime claims between the parties.

　　Article 15 Where maritime claimants apply for maritime claims, written applications shall be filed with maritime courts. Maritime claims, application reasons, objects subjected to preservation and amounts for guaranty shall be stated in applications.

　　Article 16 A maritime court may, in accepting a maritime preservation application, order the claimant to provide a guaranty. Where the claimant fails to provide guaranty, his application shall be rejected.

　　Article 17 After receiving an application, the maritime court must make an order within 48 hours; if the court orders the adoption of maritime preservation measures, the execution thereof shall begin immediately. Where not conforming to the conditions for a maritime preservation, the application shall be rejected.

　　If the party concerned is not satisfied wit

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