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Strict Implementation Of The Constitution And Law, Giving Powers And Impartial Handling Of Foreign Maritime Cases

2014/10/23 16:11:00 20

LawAuthorityForeign Maritime Affairs

It is a major feature of maritime litigation to obtain the substantive jurisdiction of the case by using the connection points formed by the buckle of the ship before the lawsuit, the precharge of the cargo, the material of the ship, the fuel of the ship and the maritime injunction. Sinochem International (Holdings) Limited by Share Ltd v. Malaysia international shipping company signed the bill of lading on one side. After our hospital seized the case involving the ship in accordance with the law, the Malaysia Company raised objection to the jurisdiction and was dismissed according to law. The Malaysia Company filed an urgent lawsuit in the federal district court with the Sinochem as defendant. In March 5, 2007, the Supreme Court of the United States concluded that: in cases where the Chinese courts have accepted cases, Malaysia Company's continuing litigation in the federal district court violates the principle of judicial economy. So far, the jurisdiction of the Guangzhou maritime court has been recognized.

It is the function of maritime courts to actively exercise the jurisdiction of coastal States, port States and flag States, and try to deal with major sensitive cases such as marine ecological protection, marine development and utilization according to law, and safeguard national marine rights and interests. Since the establishment of the hospital, 231 marine pollution cases have been accepted, including 21 public interest litigation cases.

Accurate application of China Law and Foreign laws It is the basic requirement of the people's court to give the parties a fair and just sense of intuition in the case. In the case of "Eagle pride" in the case of the wages of the seafarers, 17 foreign sailors were awarded a ruling, and 50% of their wages were paid first. After the conclusion of the case, the applicant wrote to him: "the effective detention of the judge by your court judge has guaranteed the legal rights and interests of our company the fastest. This procedure will be very long in accordance with the general procedure in the world." The case was selected in the second batch of the Supreme People's court to "protect the typical cases of the people's livelihood". stay Hear The "Bahamas Merchant Shipping Act" is applied in the Voyager's case. Many media reported the case in all directions. The plaintiff wrote that the case reflected China's maritime trial being in line with international standards and adapting to the need of maritime justice after China's accession to the WTO.

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In recent years, the municipal Party committee and municipal government has attached great importance to the legal aid work of ethnic minorities, and more and more minority people have adopted legal channels as an important means to safeguard their legitimate rights and interests and settle disputes. According to statistics, in the past 3 years, the number of legal aid cases for ethnic minorities has increased by 20%.

In order to maintain the legitimate rights and interests of the minority people and shorten the communication distance between the lawyers and the recipients, the lawyers can provide barrier free services in their own language and customs. In September 2014, the Chengdu legal aid center selected 18 outstanding minority lawyers based on the principle of "volunteering, selecting the best, Suntech, and public good" on the basis of more than 180 ethnic minority lawyers in the city, and established the first minority legal aid volunteer lawyer database in the province.

According to the relevant person in charge, the establishment of the database marks the formal establishment of our volunteer legal team for ethnic minority legal aid. The reporter has learned that the selected lawyers can provide language and legal aid services including Tibetan language (Jiarong, Kang Ba, Danba, Ando), Yi, Mongolian, Buyi and other languages, basically covering 10 main minority nationalities whose population is more than 1000.

It is learnt that the Municipal Judicial Bureau will build up a database of volunteer lawyers for foreign legal aid covering English, Russian, Spanish and other major international languages on the basis of establishing and perfecting the database of volunteer lawyers for ethnic minority legal aid. It will further expand the coverage of legal aid and improve the quality of service, and lay a solid foundation for the construction of "western legal service center" in Chengdu.

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