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In order to fully implement the important speech delivered by General Secretary Xi Jinping at the sixth meeting of the Central Financial and Economic Affairs Commission on promoting the high-quality development of the marine economy, and the Opinions of the Central Committee of the Communist Party of China on Strengthening Judicial Work in the New Era, and to benchmark against the goal of building Shanghai into an international shipping center while focusing on the latest needs of current marine economic development, the Shanghai Maritime Court, in light of the realities of maritime adjudication work, has formulated the Implementation Opinions of the Shanghai Maritime Court on Serving and Ensuring the High-Quality Development of the Marine Economy (hereinafter referred to as the Implementation Opinions).
On the morning of July 25, the Shanghai Maritime Court held a press conference. Wang Tong, Secretary of the Party Leadership Group and President of the Shanghai Maritime Court, reported on the main contents of the Implementation Opinions. Hu Yongqing, Member of the Party Leadership Group and Vice President of the Shanghai Maritime Court, introduced ten typical cases and five key measures. This conference marks the 17th event in the “Promoting Justice and Making an Example—Further Advancing the Modernization of Shanghai Courts’ Work” series of press conferences.
Centering on the "Five Greater Emphases" to Give Full Play to Maritime Judicial Functions
The Implementation Opinions released this time consist of sixteen articles, divided into three main sections: General Requirements, Work Measures, and Implementation Safeguards.
The General Requirements put forward that it is necessary to continuously enhance political awareness, ensure the correct direction of maritime adjudication, and uphold the Party's leadership throughout the entire process of maritime judicial service in safeguarding the high-quality development of the marine economy. It is necessary to fully recognize the significance of judicial services in safeguarding the high-quality development of the marine economy, accurately grasp relevant judicial concepts, and unify the promotion of development and encouragement of innovation with the principles of prioritizing the rule of law and pursuing progress while maintaining stability.
In terms of Work Measures, centering on the "Five Greater Emphases" put forward by General Secretary Xi Jinping, it focuses on current development trends of the marine economy, with the judicial needs of marine economic entities as the foundation, and the goal of providing judicial services and ensuring the high-quality development of the marine economy.
The Work Measures include five aspects. In terms of "greater emphasis on innovation-driven development", it stresses the need to legally support independent innovation in marine science and technology; In terms of "greater emphasis on efficient coordination", it proposes to support the systematic development of the marine industry according to law; In terms of "greater emphasis on industrial upgrading", it specifies the need to support the green, digital, and intelligent transformation of the marine economy according to law; In terms of "greater emphasis on harmony between humans and the ocean", it emphasizes the need to promote the sustainable development of the marine economy according to law; In terms of "greater emphasis on cooperation and win-win results", it proposes to actively foster a collaborative environment for the development of the marine economy.
In the section of Implementation Safeguards, it mainly involves three working mechanisms, namely actively establishing a preferred venue for international maritime dispute resolution, enhancing the quality of litigation services with maritime characteristics, and strengthening the cultivation of foreign-related maritime adjudication talents.
The Implementation Opinions represents concrete work measures of the Shanghai Maritime Court to fully implement General Secretary Xi Jinping's important speech on promoting the high-quality development of the marine economy, as well as institutionalized and long-term measures to advance maritime judicial services in safeguarding the high-quality development of the marine economy.
Releasing Typical Cases and Highlight Innovative Measures to Strengthen the Guiding Role of Judicial Adjudication Rules
At this press conference, ten typical cases from recent years in which the Shanghai Maritime Court provided judicial services and safeguarded for the high-quality development of the marine economy were selected. By interpreting the basic facts, adjudication results, and typical significance of these cases, the legal viewpoints and grounds of judicial adjudication were elaborated.
The ten typical cases cover all aspects of the marine industry, including offshore wind power platform construction, export of port machinery and equipment, shipbuilding brokerage commissions, marine ecological and environmental protection, liability of electronic booking platforms, and cruise delay insurance. These areas are closely related to shipping, trade, port construction, cruise tourism, and green energy development within the marine economy.
In terms of dispute resolution effectiveness, the cases emphasize the organic unity of the "three effects". Through judgments, mediation, and other dispute resolution methods, conflicts and disputes were substantively resolved. For example, in a marine insurance case involving an offshore wind power platform accident with an insured amount of CNY 240 million, the Shanghai Maritime Court organized thorough consultations among all parties on issues such as the scope of marine insurance liability and accident repair costs. By focusing on the main points of contention and guiding the parties to narrow differences, the court ultimately facilitated a settlement that was fully implemented in practice, enabling the enterprise to promptly resume production and operations.
At the same time, the typical cases released on this occasion are aligned with the adjudication concepts proposed in the Implementation Opinions. They provide clear interpretations of adjudication rules for legal issues of general significance in maritime trials, as well as new types of issues in innovative areas of marine economic development. For example, in promoting the safety of ship navigation at sea, the International Maritime Organization rules were applied, with the standards of the ship safety management system adopted as the adjudication basis for seaworthiness, thereby effectively safeguarding the order of ship navigation.
At the press conference, five work measures were also released. These include: "data-assisted governance" in cross-border e-commerce risk prevention and control; establishing and enriching the Yangtze River Delta maritime judicial cooperation mechanism; issuing a white paper on maritime adjudication to support the high-quality development of maritime arbitration; holding special seminars on "prevention and resolution of legal risks in shipbuilding-related litigation"; and creating a pre-security mechanism for the release of detained vessels.. These five measures represent innovative working models adopted by the Shanghai Maritime Court in recent years to improve adjudication quality and efficiency and to promote the high-quality development of the marine economy. They have received positive feedback from the industry and achieved practical experience and results. For example, the measure on "data-assisted governance" in cross-border e-commerce risk prevention and control not only summarizes a series of measures taken by the Shanghai Maritime Court in participating in industry governance, but also reflects, from another perspective, the efforts made and the achievements gained by Shanghai courts in building digital courts.
"Shanghai Maritime Court will focus on strengthening organizational implementation, fully give play to the functions of maritime justice, continuously improve the quality and efficiency of maritime judicial work and ensure the effective implementation of the tasks set out in the Implementation Opinions, so as to provide higher-quality judicial services for the high-quality development of the marine economy", said Wang Tong.
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