Regulations of the Supreme People’s Court on the Issue of Jurisdiction in Maritime Lawsuits

Updated : 2016-10-26

Fa Shi [2016] No.2

Regulations of the Supreme People’s Court on the Issue of Jurisdiction in Maritime Lawsuits has been adopted in the 1674th meeting of the Judicial Committee of the Supreme People’s Court on 28 December 2015. It is hereby announced and it shall take effect as of 1 March 2016.

The Supreme People’s Court

24 February 2016

 

Regulations of the Supreme People’s Court on the Issue of Jurisdiction in Maritime Lawsuits

(Adopted in the 1674th meeting of the Judicial Committee of the Supreme People’s Court on 28 December 2015) 

In order to promote the construction of “One Belt, One Road” initiative, the national strategy of building a strong marine country, the integration of Beijing, Tianjin and Hebei, and the implementation of development plan of Yangtze River Economic Belt, to improve the development of maritime economy, to timely handle maritime disputes, to ensure maritime courts will correctly exercise the jurisdiction in maritime lawsuits and hear maritime cases according to regulations of law, in accordance with rules in Civil Procedure Law of PRC, Special Maritime Procedure Law of PRC, Administrative Procedure Law of PRC, and Decision of the Standing Committee of the National People's Congress on the Establishment of Maritime Courts in Coastal Port Cities, etc., several issues regarding jurisdiction in maritime lawsuits are hereby provided as follows: 

I. In terms of adjustment of jurisdiction area 

1. For purpose of development of shipping economy and the need of maritime trial work, the jurisdiction areas of Dalian Maritime Court and Wuhan Maritime Court are adjusted as follows: 

(1) Dalian Maritime Court shall have jurisdiction over the following areas: the southern boundary extends to the junction of Liaoning Province and Hebei Province, and the eastern boundary extends to the extending waters of the mouth of the Yalu River and the waters of the Yalu River, including a part of the Yellow Sea, a part of the Bohai sea and the onshore islands; the Songhua River, the Tumen River and other sea-connecting navigable waters and ports in Jilin Province; and the Heilongjiang River, the Songhua River, the Ussuri River and other sea-connecting navigable waters and ports in Heilongjiang Province.

(2) Wuhan Maritime Court shall have jurisdiction over the following areas: waters in the Yangtze River trunk lines and feeder lines between the Hejiangmen port of Yibin City, Sichuan Province and the mouth of Liuhe in Jiangsu Province, including Yibin, Luzhou, Chongqing, Fuling, Wanzhou, Yichang, Jingzhou, Chenglingji, Wuhan, Jiujiang, Anqing, Wuhu, Ma'anshan, Nanjing, Yangzhou, Zhenjiang, Jiangyin, Zhangjiagang, Nantong and other major ports. 

2. Other maritime courts shall exercise jurisdiction over maritime cases as per the areas specified in the decision or notice previously issued by the Supreme People’s Court. 

II. Jurisdiction over maritime administrative cases 

1. Maritime administrative cases of first instance shall be under jurisdiction of maritime courts. The high people’s court of the place where a maritime court has its domicile shall adjudicate maritime administrative appeal cases, and the administrative trial tribunal of the above-mentioned high people’s court shall be responsible for the adjudication of the same. 

2. A maritime administrative case shall be governed by the maritime court seating at the domicile of the administrative organ that firstly orders relevant administrative acts. A case that has been subject to administrative reconsideration shall be governed by the maritime court at the domicile of the relevant administrative reconsideration organ. 

A maritime administrative lawsuit filed for reason of objections to administrative compulsory measures restricting personal freedom shall be governed by the maritime court at the place where the defendant or the plaintiff has its domicile. 

If the domicile of the abovementioned administrative organ or plaintiff is not located within the jurisdiction areas of any maritime court, the maritime court in the place where acts of administrative enforcement are taken shall exercise jurisdiction. 

III. Trial of cases regarding objection to jurisdiction over maritime disputes

1. An appeal case lodged by a party concerned for reason of dissatisfaction over a ruling on jurisdiction objection shall be handled by the trial division responsible for admiralty and maritime cases of the high people's court which seats at the domicile of the relevant maritime court. 

2. Where a legally binding ruling on jurisdiction objection violates the regulations concerning exclusive jurisdiction of maritime cases and genuinely needs to be rectified, relevant people's court may conduct retrial in accordance with Article 198 of Civil Procedure Law of PRC. 

IV. Other Regulations 

This Regulations shall take effect as of 1 March 2016. In the event of any inconsistency between previous rules of the Supreme People's Court and this Regulations, this Regulations shall prevail.