Decision of the Standing Committee of the National People’s Congress on the Establishment of Maritime Courts in Coastal Port Cities

  3297
(Adopted at the Eighth Meeting of the Standing Committee of the Sixth National People’s Congress and promulgated for implementation by Order No. 20 of the President of the People’s Republic of China on November 14, 1984)

To meet the needs in the development of the country’s maritime transport and in its economic relations and trade with foreign countries, effectively exercise the country’s judicial jurisdiction and handle maritime affairs and maritime trade cases promptly, so as to safeguard the lawful rights and interests of both Chinese and foreign litigants, the following decisions are made:

1. Maritime courts shall be established in certain coastal port cities according to need.

The establishment of such courts, their alteration and their abolition shall be decided by the Supreme People’s Court.

The establishment of adjudicative apparatus and administrative offices of the maritime courts shall be decided by the Supreme People’s Court.

2. The maritime courts shall be responsible to the standing committees of the people’s congresses of the municipalities where they are located.

The judicial work of maritime courts shall be subject to supervision by the higher people’s courts in their respective localities.

3. The maritime courts shall have jurisdiction over maritime cases and maritime trade cases of first instance; they shall not handle criminal cases or other civil cases.

The designation of the jurisdiction area for each maritime court shall be decided by the Supreme People’s Court.

The higher people’s court in the locality where a maritime court is located shall have jurisdiction over appeals against the judgments and orders of the maritime court.

4. The president of a maritime court shall be appointed or removed by the standing committee of the people’s congress of the city where the court is located, upon a proposal submitted by the chairman of the standing committee of the people’s congress.

The vice-presidents, chief judges and associate chief judges of divisions, judges and members of the judicial committee of a maritime court shall be appointed or removed by the standing committee of the people’s congress of the city where the court is located, upon a proposal submitted by the president of the maritime court.