• Paid but Still No Ship? GZMC and SHMC Coordinate to Resolve Cross-Jurisdictional Dispute

    2025-07-17

    Recently, Guangzhou Maritime Court (GZMC), in collaboration with Shanghai Maritime Court (SHMC), successfully resolved a foreign-related dispute over a vessel sale. In this case, after GZMC initiated enforcement proceedings based on an arbitral award, the related case also entered litigation procedures at SHMC. In May 2025, the two courts coordinated efforts, resulting in an effective resolution of the dispute. In 2021, a Malaysian company paid over RMB 7 million to commission a Shenzhen resident, Yan, to purchase an engineering vessel in China. Yan's wife operated a company in Shanghai (the "Shanghai Company") primarily engaged in the sale of vessels and related equipment. In May 2021, the Shanghai Company, managed by Yan's wife, paid RMB 5.2 million to purchase an engineering vessel and related equipment from a company based in Zhuhai (the "Zhuhai Company"). However, the Zhuhai Company failed to deliver the vessel as scheduled. On June 16, 2023, the Shanghai Company filed for arbitration with the Shenzhen Court of International Arbitration (SCIA). On August 29, 2024, the arbitral tribunal ruled that the Zhuhai Company shall return the RMB 5.2 million. As the company did not voluntarily refund the payment, GZMC initiated compulsory enforcement proceedings. Why did the Zhuhai Company neither deliver the vessel nor return the payment? During a field investigation, Deng Min, the enforcement officer in charge at GZMC, learned that due to policy restrictions, the vessel could not be exported. The Zhuhai Company argued that the failure to deliver was not due to its own fault, and therefore it refused to issue a refund. As the Malaysian company never received the vessel after making payment, it filed a lawsuit in March 2025 with SHMC against Yan and the Shanghai Company, demanding the return of the RMB 7 million. Upon accepting the case, SHMC lawfully issued a pre-enforcement freeze on the funds under enforcement by GZMC. "Given that the enforcement funds have now been pre-frozen, if Yan continues to resist, the Malaysian company is likely to insist on recovering the entire RMB 7 million, leaving no room for compromise," said Deng Min. In response, Deng Min coordinated with judges from SHMC to mediate among the parties. They advised the Zhuhai Company and the Shanghai Company to reach a settlement while the Malaysian company was still open to partial recovery, aiming to resolve the matter swiftly. After multiple rounds of negotiation led by the enforcement officer, the parties reached an enforcement agreement: the Zhuhai Company would return part of the payment to the Malaysian company, and in return, the Malaysian company would withdraw its lawsuit against Yan and the Shanghai Company. The dispute was ultimately resolved successfully. "Enforcement cases are often complex. Only by fully understanding the background and identifying the needs of all parties can we tailor the right solution," Deng Min remarked.
  • GZMC Holds a Series of Events to Celebrate the 104th Anniversary of the Founding of the CPC

    2025-07-04

    On July 1, 2025, Guangzhou Maritime Court (GZMC) held a series of commemorative events marking the 104th anniversary of the founding of the Communist Party of China (CPC). Judges and staff gathered to commend outstanding individuals and groups, inspire the continuation of the red revolutionary legacy, carry forward the Court's fine judicial traditions, and galvanize collective strength for the high-quality development of maritime justice. Honoring Excellence: The Power of Role Models The commendation ceremony opened with the resounding strains of the national anthem. First, the Court presented the "50 Years of Glorious CPC Membership" commemorative medals to veteran CPC members Liu Ruixiang and Zheng Guangsheng, who have dedicated their lives to the CPC and the development of GZMC. A number of outstanding groups and individuals were then recognized for their exceptional performance in Party building and professional work. Notably, in the 2025 evaluation of exemplary organizations and individuals among Guangdong provincial-level government authorities, Xu Chunlong, Secretary of the Party Branch of GZMC Zhuhai Division, was named an "Outstanding Party Affairs Worker." The Party Branch of the Maritime Administrative Division was honored as an "Advanced Primary-Level Party Organization," and the Party Branch of the Enforcement Bureau was included on the second list of "Four-Strong" Party Branches by the provincial authorities. Additionally, 28 CPC members were commended for earning top marks in the 2024 internal Party evaluations. Strengthening Consensus: Ideological Foundation for Navigating Forward Following the commendation ceremony, the Court convened a study session on thoroughly implementing the spirit of the central Party leadership's Eight-Point Decision on improving work conduct, along with a mid-year work review on Party building and ideological work by the Party branches. The meeting included a focused study of the Provisions on Addressing Formalism to Reduce Burdens on Grassroots Organizations, and examined a typical case involving falsified statistics and deteriorating political environment in Qujing City, Yunnan Province. In-depth discussions were held on the implementation of the Eight-Point Decision and related education efforts. Seven Party branches, including the Office, the Case Filing Division, the Judicial Supervision Division, the Maritime Division, the Maritime Commercial Division, the Maritime Administrative Division, the Enforcement Bureau, and the Shenzhen Division, delivered reports on their Party building and ideological work during the first half of the year. The meeting emphasized the need to prioritize political development, fulfill Party governance responsibilities, enforce the Eight-Point Decision, and strictly implement the ideological work responsibility system, promoting deeper integration between Party building and judicial operations. This series of activities in celebration of July 1st served not only as a heartfelt tribute and solemn salute but also as a profound call to action. The passion for the Party and the nation kindled by these events will be transformed into powerful motivation to serve the overall interests and deliver justice for the people. Guided by the example of those honored, all personnel at GZMC will move forward with renewed determination and pragmatic spirit, dedicating themselves to the maritime judiciary in the new era and contributing solid judicial support to advancing Chinese modernization.
  • GZMC Releases 2024 White Paper on Maritime Trials

    2025-06-18

    On June 3, 2025, the Guangzhou Maritime Court (GZMC) issued its 2024 Annual Report on Maritime Trials, a comprehensive white paper detailing the Court's commitment to implementing Xi Jinping Thought on the Rule of Law. Themed "Justice and Efficiency," the report underscores GZMC's diligent execution of its maritime judicial responsibilities and highlights innovative measures to support China's maritime power strategy, the Belt and Road Initiative, the development of the Guangdong-Hong Kong-Macao Greater Bay Area, and the establishment of a "New Maritime Guangdong." This marks the ninth consecutive year the white paper has been published in Chinese, English, and Portuguese. In 2024, GZMC received 3,546 new cases, a 2.53% decrease from the previous year, and resolved 3,651 cases, achieving a resolution rate of 90.19%. Appeals totaled 765, down 14.24% year-on-year, with a retrial application rate of 0.499%, surpassing the provincial average. The Court enforced judgments amounting to RMB 573 million, with a 13.08% increase in enforcement completion compared to the prior year. By enhancing its integrated mechanism of "pre-litigation mediation + judicial confirmation + enforcement," the Court successfully mediated 555 cases, including 369 resolved before litigation, significantly reducing the burden on involved parties. With a focus on emerging industries such as offshore wind power, marine ranching, and port construction, GZMC addressed new legal challenges by prudently resolving 69 related disputes. Notably, it adjudicated cases involving the "Bay Area Hengzhou", an intelligent deep-sea aquaculture platform, advancing marine ranching initiatives. Additionally, the Court efficiently handled disputes over the detention of tower equipment for offshore wind farms, ensuring the progress of key provincial projects and fostering offshore new quality productive forces. To strengthen collaboration between administrative and judicial bodies, GZMC issued judicial recommendations to maritime authorities in a bid to promote cooperative governance and development. It also resolved cases involving sea area usage for deep-sea aquaculture in Suixi County. These efforts have supported lawful maritime administration, contributed to broader maritime governance, and advanced marine ecological civilization. The white paper addresses critical legal issues, including seafarers' injury rights, multimodal transport, maritime administrative adjudication, cross-border e-commerce logistics disputes, port construction regulations, and enforcement procedures. It provides targeted countermeasures and policy recommendations to address these challenges effectively.
  • A Shared Banner of Gratitude: Why Opposing Parties Honored a Court Together

    2025-06-18

    The Guangzhou Maritime Court (GZMC) recently mediated a dispute over liability for damages arising from a collision between two foreign vessels, earning rare praise from both the plaintiff and defendant. In an unusual gesture, the parties jointly sent their lawyers from Nanjing and Shanghai to present a banner of appreciation to the court. The incident occurred on April 21, 2024, at Phase III of Guangzhou's Nansha Port, where the Panamanian-flagged DE XIN SHANG HAI collided with the Sierra Leone-flagged Vladivostok during berthing operations. The collision caused significant damage to both vessels and the loss of some containers from Vladivostok into the sea. In September 2024, the owner of Vladivostok applied to GZMC's Case Registration Division for the pre-litigation arrest of DE XIN SHANG HAI, backed by a counter-guarantee. After careful review, the court approved the arrest and referred enforcement to the Execution Bureau. In October, DE XIN SHANG HAI was released after its owner posted a RMB 21 million security bond. With guarantees in place from both parties, the case moved to the Maritime Administrative Division for formal proceedings. By late November, pre-litigation mediation began but faced challenges. At first, significant gaps remained between the parties due to undetermined losses for certain items and complications from international sanctions. When mediation stalled in February 2025, the case proceeded to litigation. The adjudication team noted that both parties were incurring significant interest costs on their vessel guarantees and encouraged settlement to reduce financial losses. On March 21, 2025, during the evidence exchange phase, the trial team reconvened mediation. Despite an initial willingness to settle, negotiations faltered due to issues such as unconfirmed input from a foreign P&I club, a sanctioned surveyor's inability to issue an appraisal report, and disputes over cargo damage liability limits. Undeterred by all these complex challenges, the trial team provided clear legal guidance, explaining maritime liability limitation rules and conditions for shipowner reimbursement after compensating cargo owners. Their persistence paid off. On April 27, the parties reached an online settlement agreement for RMB 10.19 million in compensation. On May 19, Vladivostok's owner received the payment, which marked the full resolution of the dispute. This successful mediation highlights GZMC's judicial expertise in applying the "Fengqiao Model" to modern maritime disputes, ensuring equitable protection for both domestic and foreign parties and showcasing a Chinese approach to resolving international maritime conflicts.
  • Before Running Out of Food and Water, They Received Aid from China

    2025-05-19

    "We're about to run out of food and water." On a foreign cargo ship detained in the waters off Nansha, Guangzhou, a Burmese crew member who spoke fluent Chinese clasped his hands together in gratitude. His eyes welled with emotion as he said, "We are truly grateful for the emergency supplies you brought us!"  Recently, the Guangzhou Maritime Court (GZMC), in coordination with the Guangzhou Federation of Trade Unions (GFTU) and the Guangzhou Huangpu International Seamen's Club (GHISC), and with the full support of the Shajiao Office of the Guangzhou Maritime Safety Administration, successfully delivered more than 1,000 pounds and over 300 packages of emergency relief supplies to the Togolese-flagged general cargo vessel RAMBLER STAR. The operation effectively alleviated a critical shortage of food and drinking water faced by the ship's eight crew members. The story traces back to a dramatic incident in December 2024. At that time, the RAMBLER STAR suffered a sudden total power outage and lost control while navigating the channel. Misfortune followed swiftly. The drifting vessel collided violently with the Liberian-flagged container ship CA NAGOYA near the entrance to a divided channel, causing a severe breach on the portside bow.  A salvage company launched immediate emergency operations, and the associated costs led to subsequent legal disputes. In January 2025, GZMC, acting upon the salvage company's application, lawfully detained the RAMBLER STAR near Guishan Island.  On April 11, in response to a strong wind warning in the Pearl River Estuary and to safeguard the safety of the vessel and its crew, the RAMBLER STAR was relocated to a temporary anchorage near Tianhou Temple in Nansha. However, a far more urgent crisis was just beginning. The vessel carried eight crew members—seven from Myanmar and one from Indonesia—who were abruptly cut off from vital supplies by the shipowner. Upon learning of the situation, GZMC immediately boarded the vessel for inspection and was met with a distressing sight: the refrigerator stood empty, with only two days' worth of food and four days of drinking water remaining. The crew had been surviving on just two meals a day, relying on collected rainwater for drinking.  Matters were further complicated by the rapidly approaching May Day holiday, less than 36 hours away. The short window significantly increased the logistical difficulty of transporting supplies and mobilizing personnel.  Thus began a race against time for a cross-border humanitarian mission. The court acted swiftly, reaching out to multiple parties for support. After tireless coordination, GFTU agreed to provide emergency relief, rekindling hope for the stranded crew. But delivering aid to a detained foreign vessel presented significant challenges: coordinating transport ships, securing boarding permits, and clearing supply inspections—all under immense time pressure.  Every second counted. GZMC staff worked through the night, collaborating closely with maritime authorities, border inspection, and customs agencies to establish an emergency "green channel" for expedited delivery. On the afternoon of April 30, Nansha Port became the launching point for a mission of vital importance. GHISC first transported the supplies to Phase I of the Nansha Container Terminal. There, a temporary logistics team composed of staff from GZMC and GFTU carefully loaded the materials onto a maritime patrol vessel. One hour later, the vessel approached the RAMBLER STAR, where the crew emerged from their cabins, waving excitedly. Upon receiving the supplies, smiles spread across their faces as they expressed heartfelt gratitude with enthusiastic thumbs-ups.  This heartwarming international relief effort not only resolved the crew's urgent needs but also demonstrated the compassion and commitment of China's judicial system.
  • Escape to Avoid Debts? "Exit Control" Measures Strengthen Enforcement

    2025-04-22

    Recently, the Guangzhou Maritime Court successfully encouraged a foreign judgment debtor, who had been residing in Canada for an extended period, to voluntarily comply with all obligations as determined by a final judgment through the legal enforcement of exit control measures. This action underscores the authority and effectiveness of China's judicial system, serving as a model for enforcing foreign-related cases. Overcoming Technical Obstacles Legally Obtaining Key Information This case involved a dispute over a time charter party, and the judgment became effective on December 17, 2019. As the judgment debtor, Lin, became a Canadian citizen in 2012, the enforcement of the case was concluded in September 2020. Subsequently, the applicant for enforcement filed a request with the court to resume enforcement and to impose exit control measures on Lin. To uphold judicial authority, the court reopened the case on May 27, 2024. After deliberation by the collegiate bench, the court decided to impose exit control measures on Lin. Initially, the enforcement was hindered due to the applicant for enforcement being able to provide only a casual photograph of the judgment debtor, which did not meet the exit and entry management authority's requirement for a passport-style photo for foreign nationals. Since the judgment debtor's place of origin was Zhanjiang, Guangdong, the case handler, Wu Nianfeng, guided the lawyer of the applicant for enforcement to apply for a lawyer's investigation order to the court, requesting the Zhanjiang Public Security Bureau to provide the judgment debtor's passport photo from the judgment debtor's household registration file. With police cooperation, a clear electronic passport photo was obtained, and thus the technical barrier to implementing exit control measures was removed. Implementing Exit Control Measures Prompting Voluntary Compliance from the Judgment Debtor When the evidence was complete, the court legally submitted the exit control application to the Guangdong High People's Court. On the morning of February 1, 2025, at approximately 6 a.m., Wu Nianfeng, the case handler, received an urgent notification from the exit-entry management agency at Chengdu Tianfu International Airport in Sichuan Province, confirming that the judgment debtor, Lin, had entered China. Wu immediately reported to the court leadership and the collegiate bench. Per relevant instructions, Wu urgently made a contingency plan to ensure that subsequent enforcement measures were efficiently coordinated under the law. On February 26, 2025, Lin, who had completed a family visit, was intercepted by the local exit-entry management agency at Chengdu Tianfu International Airport while preparing to leave the country. Under the deterrent effect of the exit control measures, Lin immediately contacted the court and clearly expressed his intention to comply with his obligations. Strategic Enforcement Measures Judicial Authority Breaks the Stalemate During the initial mediation, Lin repeatedly stalled compliance, citing "financial difficulties" and even claimed that "if the applicant for enforcement does not make concessions, I will simply allow my visa to expire and wait for the Chinese government to forcibly expel me." In response to such pressure tactics, Wu Nianfeng, based on the Civil Procedure Law of the People's Republic of China, the Exit and Entry Administration Law of the People's Republic of China, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Criminal Cases of Refusing to Enforce Judgments and Rulings, clarified three legal positions to Lin. First, the court has the authority to impose exit control measures on a judgment debtor who fails to fulfill the obligations outlined in a legally effective document, regardless of their visa status. Second, the expiration of a foreign national's visa in China constitutes illegal residence, which may result in administrative penalties such as warnings, fines, or detention. Third, if Lin deliberately resists enforcement by allowing his visa to expire, he could be criminally prosecuted under the charge of "refusing to enforce judgments and rulings." Through a layered legal explanation, Lin eventually abandoned his bargaining strategy and returned to a rational negotiation path. Due to the applicant for enforcement being located in Jiangmen, Guangdong, and the respondent being stranded in Chengdu, Sichuan, Wu Nianfeng established a WeChat mediation group to facilitate negotiations, based on the Online Litigation Rules of the People's Courts. After multiple rounds of online discussions, both parties reached an enforcement settlement agreement, under which Lin would make a one-time payment of RMB 500,000 on March 4 to fulfill his obligations. The settlement agreement became effective upon confirmation by both parties. Strict Control of Enforcement Risks Second Interception Demonstrates Judicial Rigor On the evening before the agreed payment date, at approximately 8 p.m., Lin attempted to leave the country from Haikou Meilan International Airport in Hainan Province. He was again intercepted by the local exit-entry management agency. Upon learning this information, Wu Nianfeng issued a stern warning to Lin and reiterated the consequences of refusing to fulfill his legal obligations. Under the continued restriction of the exit control measures, Lin made a full payment of RMB 500,000 the following day. The applicant for enforcement then submitted a request to the court to lift the exit control measures. After confirming the payment was made, Wu Nianfeng promptly prepared the legal documents to lift the exit control measures and submitted them for review by the Guangdong High People's Court. On March 6, 2025, after the exit control measures were lifted, Lin departed for Canada. Afterward, Lin personally called the case handler to express his recognition of China's judicial authorities for their "balanced approach of firmness and flexibility" in enforcement and thanked the court for safeguarding his legal rights while upholding judicial authority. Key Significance Strengthening Foreign-related Enforcement and Optimizing the Rule-based Business Environment This case is a vivid example of the Guangzhou Maritime Court's use of exit control measures to overcome the challenges in foreign-related enforcement. By precisely implementing compulsory measures and flexibly adopting an online mediation mechanism, the court not only upheld the binding force of China's judicial rulings but also demonstrated the standardization and efficiency of the enforcement process. This provides robust judicial protection for the creation of a market-oriented, law-based business environment up to international standards. A relevant official from the Enforcement Bureau stated that they would further improve the cooperative mechanism for the enforcement of foreign-related cases to ensure equal protection of the legitimate rights of both Chinese and foreign parties and boost high-level opening-up of China.
  • The First of Its Kind in Guangdong! Breaking the Dilemma About Enforcing Environmental Civil Public-Interest Lawsuit

    2025-04-14

    Editor's Note: Guangzhou Maritime Court (GZMC) has thoroughly studied and implemented Xi Jinping Thought on Ecological Civilization, Xi Jinping Thought on Rule of Law, and the guiding principles from the key speeches of General Secretary Xi Jinping on "strictly protecting the marine ecological environment, establishing and improving a regional coordinated mechanism for ecosystem protection, restoration, and pollution management based on land-sea planning." It has explored the "Court Judgment + Prosecutorial Supervision + Administrative Regulation" ecological restoration mechanism in line with the specific requirements of the CPC Guangdong Provincial Committee's "1310" Strategy and the President of the Guangdong High People's Court, Zhang Haibo, to "strive to create a Guangdong-style brand for marine ecological environment and natural resource protection." This mechanism was adopted in the first case following the enactment of the Measures for the Transfer of Ecological Environmental Damage Restoration to Government Authorities for Supervision, yielding positive results. Recently, Southern Daily published an in-depth report on this. In March, the serene and vibrant scene of Zhubai Village, Shenwan Town, Zhongshan City, came to life. The sound of dredging machinery echoed as the newly planted dawn redwood trees on the dike began to sprout, while flocks of egrets circled above, symbolizing the thriving vitality of a beautiful rural landscape. "The village appearance has improved, and the clear waterways have enhanced the flood control and water storage capacity, making aquaculture farmers very happy," said Li Yuanda, the First Secretary of Zhubai Village, pointing to a row of newly planted dawn redwood trees along the dike. This transformation is the result of Guangdong's first-ever marine environmental civil public-interest lawsuit executed through the "Labor Compensation + Remote Restoration" approach. Ecological Loss Compensation Execution Dilemma? A New Solution Proposed In September 2021, a construction materials company in Zhongshan City engaged a local earth-moving and excavation engineering company to illegally extract over 80,000 cubic meters of sand from the "Sha Zai" sandbar in the Hongqili Waterway at the mouth of the Pearl River. The Zhongshan Marine Comprehensive Law Enforcement Team discovered the illegal activities and imposed administrative penalties on the two companies. The Zhongshan People's Procuratorate filed a civil marine public-interest lawsuit against the defendants, and GZMC ruled that the two defendants were jointly liable for compensating the ecological damage with over RMB 1.85 million and issuing an apology. On February 24, 2025, the two defendants published a public apology in the media. However, due to mismanagement of business operations, they had no assets available for enforcement, and the execution of the RMB 1.85 million ecological damage compensation required a breakthrough. When environmental public-interest litigation faces enforcement difficulties, lack of supervision, or other issues, it becomes hard for the final judgment to fully realize its legal and social benefits. The execution of this case was impeded. In response, the legal representative of the engineering company, Li, voluntarily stated that the company had the capability and qualifications for river dredging and was willing to provide labor services as compensation for the monetary damages. Compensating through labor services in place of financial payment represents an innovative legal breakthrough. Zhang Le, a judge at the Enforcement Bureau of GZMC, explained, "Although the defendant lacks executable assets, their genuine remorse and willingness to provide labor services as compensation demonstrate that that ecological compensation aims to restore the damaged environment, not to punish for punishment's sake." After visiting and investigating the involved water area, the judge found that the "Sha Zai" sandbar had undergone natural ecological recovery and was stabilizing, meaning that further restoration was unnecessary. In fact, forced restoration could lead to secondary ecological damage. GZMC adopted the suggestion of the people's jurors for "remote restoration" during execution. The court proactively engaged with the Zhongshan People's Procuratorate, and after an assessment, it was decided that river dredging and tree planting along the riverbanks in Zhubai Village, Shenwan Town, would be carried out using the "Labor Compensation + Remote Restoration" approach, replacing the original property-based enforcement with an "evaluation and price offset" method. Closed Loop of "Court Judgment + Prosecutorial Supervision + Administrative Regulation" Zhubai Village in Shenwan Town is an agricultural village, where most residents are engaged in the farming of sea bass, white shrimp, and mudworms. The local irrigation canals, long undredged, and dikes lacking soil and water conservation measures, pose a significant risk to the aquaculture industry. "We signed a remote restoration plan with the two defendant companies, confirming that 70% of the ecological damage compensation costs would be borne by the construction materials company, while the engineering company would bear 30% and compensate through dredging and landscaping work. The project is estimated to dredge more than 8,000 cubic meters of the river channel and plant 1,500 trees along the riverbank in Zhubai Village, with the total cost estimated at over RMB 560,000," said Zhang Le. On August 15 last year, the Guangdong High People's Court, in conjunction with the Guangdong People's Procuratorate and eight other agencies, issued the Measures of Guangdong Province for the Transfer of Ecological Environmental Damage Restoration to Government Authorities for Supervision (hereinafter the "Measures"), which detailed specific rules for transferring ecological restoration supervision. In accordance with the Measures, GZMC transferred the restoration supervision to the Zhongshan Water Affairs Bureau, with the prosecuting authority overseeing the entire process, thus forming a closed loop of "Court Judgment + Prosecutorial Supervision + Administrative Regulation." Zhang Le explained that the Zhongshan Water Affairs Bureau supervised the restoration process from a technical perspective, ensuring that the tasks, completion deadlines, and acceptance criteria were met and that the restoration outcomes complied with ecological standards. This helped address the addressing the technical limitations of judicial institutions. The river dredging and re-greening work has brought tangible environmental improvements and practical benefits to Zhubai Village. Li, the legal representative of the engineering company, stated that compensating through labor services instead of financial payment has alleviated their financial burden and ensured effective ecological restoration. "We will enhance future remediation efforts, operate strictly within the law, and prioritize protecting the ecological environment." This case is the first of its kind in Guangdong Province following the implementation of the Measures, where a court has transferred ecological environment damage restoration to government authorities for supervision and prosecutorial oversight. It is also the first marine environmental civil public-interest lawsuit filed by the Guangdong Procuratorate after the revision of the Marine Environmental Protection Law. Chen Mingqiang, the Presiding Judge of the Maritime Administrative Tribunal of GZMC, said, "Through the government-court linkage mechanism, we have achieved 'one case closed, one area governed,' providing a replicable and scalable practice model to address the difficulties in enforcing environmental and ecological cases."
  • Judicial-Procuratorial Cooperation in Establishing a Marine Environmental Protection Mechanism for Public Interest

    2025-03-26

    On January 3, 2025, the Party Branch of the Maritime Administrative Tribunal of Guangzhou Maritime Court (GZMC) and the Party Branch of the Public Interest Litigation Department (Fifth Procuratorial Department) of Zhongshan People's Procuratorate jointly held a themed Party Day event titled "Safeguarding the Blue Ocean." This initiative aimed to promote marine ecological civilization through Party-building leadership. Chen Youqiang, Party Secretary and President of GZMC, met with relevant officials from Zhongshan People's Procuratorate. During the meeting, both sides reviewed and summarized the handling of the public interest civil litigation case initiated by Zhongshan People's Procuratorate against two companies regarding marine environment. This case was the first public interest civil lawsuit regarding marine environment filed by a municipal-level procuratorate after the revised Marine Environmental Protection Law came into effect. By leveraging an information-sharing mechanism, piloting a "three-in-one" adjudication model, utilizing expert resources, and applying the advantages of a specialized maritime court for cross-regional trials, the agency effectively addressed challenges such as difficulties in case initiation, adjudication, appraisal, and accountability in public interest litigation regarding marine environment. This case serves as a practical exploration toward improving the system of public interest litigation regarding marine environment. Both sides also jointly studied the Measures of Guangdong Province for the Transfer of Ecological Environmental Damage Restoration to Government Authorities for Supervision (Provisional), issued by the High People's Court of Guangdong Province in collaboration with the People's Procuratorate of Guangdong Province and eight other agencies. Their discussions were focused on enhancing judicial-execution coordination, covering labor compensation, off-site restoration, and carbon fee compensation. Additionally, both sides witnessed the oath-taking ceremony of probationary Party members from the Maritime Administrative Tribunal. President Chen Youqiang emphasized that conducting themed Party Day activities through Party Branch co-learning and joint initiatives between the judicial and procuratorial agencies, along with discussions on optimizing the working mechanism for public interest litigation regarding marine environment, is a concrete step in implementing the guiding principles from the Third Plenary Session of the 20th CPC Central Committee and the CPC Guangdong Provincial Committee's directives on improving the public interest litigation system. He highlighted the innovative format and positive outcomes of this approach, stressing its necessity. He further noted that exploring a comprehensive system of public interest litigation regarding marine environment and establishing a replicable and scalable working mechanism is of significant importance to the construction of a Beautiful China and marine ecological civilization. President Chen called for stronger coordination between judicial and procuratorial agencies to fully leverage their respective functions, legally protect marine natural resources and ecological environment, and provide high-quality judicial and prosecutorial services for the "Maritime Power", "Beautiful GBA", and "Green, Beautiful Guangdong" initiatives. The goal is to establish a distinctive Guangdong brand of public interest litigation regarding marine environment and achieve the effect of "handling one case, influencing an entire region." This themed Party Day event exemplified how judicial and procuratorial agencies use Party-building to strengthen institutional development and enhance operations, while fostering a regular communication and coordination mechanism for marine environmental protection. It has inspired the Party branches of the judicial and procuratorial agencies to enhance their strengths in political functions, leadership, Party members and roles, strengthen Party discipline, improve judicial capabilities, and fulfill their responsibilities and missions. These efforts will provide strong judicial and prosecutorial support for Guangdong's pursuit of Chinese modernization. Wu Guining, Member of the Party Leadership Group and Vice President of GZMC, and Ye Hong, Member of the Party Leadership Group and Deputy Chief Procurator of Zhongshan People's Procuratorate, attended the event. They jointly signed the Opinions on Strengthening Cooperation in Public Interest Litigation Regarding Marine Natural Resources and Ecological Environment Protection.
  • GZMC Qianhai Circuit Court Opens

    2025-02-06

    On January 9, 2025, the Qianhai Circuit Court, Shenzhen under the Guangzhou Maritime Court (GZMC) held a hearing for a carriage of goods by sea contract dispute involving residents of Hong Kong SAR and companies from the United States, Vietnam, and Germany. This marked the official opening of the Qianhai Circuit Court. Shenzhen, a key city in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) and a crucial hub for the 21st Century Maritime Silk Road, plays a vital role in the historical mission of building a Pilot Demonstration Area of Socialism with Chinese Characteristics and becoming a global maritime center city. Qianhai is accelerating efforts to develop into a high-end maritime service center, with a focus on industries such as finance, modern logistics, information services, and technological and cultural innovation. These strategic and emerging industries are closely linked to foreign trade and maritime transportation, and the region is seeing a surge in new quality productive forces, foreign and maritime business elements, and a wealth of legal resources. To support national development strategies and inject new momentum into the development of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, GZMC has established the Qianhai Circuit Court, aimed at fostering a legal cluster effect. This initiative was made possible with support from the Authority of Qianhai. The said case involves multiple countries and regions. The leadership of GZMC placed great importance on its hearing, with Deputy President and Party Committee Member Wu Guining serving as the presiding judge. He was joined by Judges Yang Yaxiao and Li Chunyu from the GZMC Shenzhen Division to form the collegiate bench. The Law School of Shenzhen University organized students to attend the hearing as part of their practical training. The proceedings were well-organized, clear, and progressed smoothly. The judicial team demonstrated exceptional professional competence and courtroom management skills, offering the students a rich educational experience in legal practice. The Qianhai Circuit Court represents a practical initiative by GZMC to support the development of four cooperation zones: Hengqin, Qianhai, Nansha, and Hetao. Located in Qianhai, the court aims to extend its reach outside the area, providing efficient, convenient maritime adjudication services to ports, enterprises, and local communities. It supports the building of an international and market-oriented business environment based on the rule of law in Qianhai and contributes to establishing the GBA as a preferred destination for international maritime dispute resolution.
  • Court Auctions for 2024 Exceeds RMB 200 Million!

    2025-01-16

    In 2024, the Guangzhou Maritime Court (GZMC) organized 155 online court auctions of 106 items, of which 86 were successfully sold for RMB 211.9633 million in total, with an average premium rate of 43%. Among them were 74 ships, with a total transaction price of RMB 162.2096 million, marking a new high in terms of both annual number of such court auctions and number of successfully auctioned ships. This indicates that the interests of creditors in over 100 maritime enforcement cases were realized, and that numerous production tools and assets associated with the marine economy were released. In recent years, GZMC has carried out its enforcement activities under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as well as Xi Jinping Thought on the Rule of Law. Centering on the Maritime Power Strategy and the requirements on building a "New Maritime Guangdong", the Court has been upholding fundamental principles while breaking new ground. It has optimized auxiliary services of maritime justice, including new methods for online court auctions, yielding good results. Bulk Cargo Auction at Unit Price On February 27, 2024, GZMC successfully auctioned a batch of Bubinga wood in pairs (a material for making high-end furniture) online on Taobao Auction at a unit price of RMB 229,000 per hundred tons. When the transaction was confirmed, the interested parties, the buyer and the presiding judge weighed the goods on the spot and determined its total weight at 386.29 tons with a total price of approximately RMB 886,000. This batch of Bubinga wood in pairs, priced at RMB 893,000 originally, had failed to be sold at multiple rounds of court auctions organized by a local court in 2022. Its successful auction nearly two years later in 2024 was attributable to the creative adoption of the unit-price mechanism, which eliminated the bidders' concerns about the uncertain quantity of the goods and motivated potential bidders to bid. This innovative method is very helpful in solving the issues concerning court auctions of bulk goods such as sand, coal, and ore. It provides fresh insights on resolving related cases. Smart Appraisal System for Quick Auction After comprehensive studies, GZMC has launched a self-developed big data-based smart appraisal system for online ship auction (the "smart appraisal system"), designed to help to swiftly execute and conclude ship auctions involving criminal, administrative, local court commissions or negotiations between the interested parties. When a ship is seized for auction, the smart appraisal system generates a "Big Data-Based Smart Appraisal Report for Ship" based on the basic parameters and conditions of the ship, and then the Court organizes the parties to negotiate and determine the starting price based on the appraisal. Thus, the auction procedure commences quickly without the need for the ship appraisal process as required by a conventional auction. In 2024, a total of 26 ships were auctioned with the aid of the smart appraisal system, with a successful auction rate of 100% and an aggregate transaction price of more than RMB 36.78 million, saving an average of 42 days in case handling time as well as over RMB 800,000 in appraisal fees. Staggered Auction of Similar Ships The start and end times of an online court auction are set by default in the auction system to 10 am on the auction day. However, in practice, items of the same type and similar performance sometimes need to be auctioned at the same time. If the auction ends at the same time, different bidders may fail to bid for the items or miss the auction in the bidding delay stage. In 2024, GZMC successfully auctioned seven Shunda crew boats, 11 Xingu container ships and six Yuancheng bulk carriers through the staggered auction method. The seven Shunda crew boats were auctioned at a pace of one per day, and finally all were purchased by a leisure fishing company in Yangjiang. The 11 Xingu container ships and the six Yuancheng bulk carriers were auctioned at a pace of one per hour within a day. After multiple rounds, all the 17 ships were successfully auctioned at reasonable prices. The staggered auction method gives sufficient time for bidders to bid against each other and acquire desired items. Live Auction Affected by the subdued shipping market, the first round of auction of 11 Xingu container ships failed to yield good results, with only two sold at the starting price, and the remaining unsold nine entering the second-round procedure. More than 10 days after the auction announcement was posted online, the market response was much below expectations. In order to capture the attention of potential buyers, GZMC joined hands with the People's Court News and Media Agency to launch a live auction of these ships during the Double 11 Festival. The auction went live simultaneously on more than 30 platforms including the People's Court Daily WeChat Channels, the People's Daily APP, CCTV Social & Law Douyin Account, and CCTV WeChat Channels at 09:30 on October 31, attracting more than 1.31 million online views. All 10 ships up for auction were sold, of which six were sold at a price above that at the first round. The enforcement procedure is at the back end of the judicial procedure and is thus known as the "last mile" for ensuring judicial justice. As a key part of the enforcement procedure, online court auction is an important tool for courts to dispose of property, helping applicants realize their legitimate rights and interests. Only a people-centered enforcement procedure, which places equal emphasis on political, social and legal effects, can truly demonstrate dynamic justice, deliver rigorous, fair justice and promote social justice.
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