• Upholding the "Fengqiao Model" in Conciliation: A 16-Year SOEs Dispute Finally Resolved

    2024-12-09

    On the morning of November 25, 2024, the Guangzhou Salvage Bureau and Guangdong Zhanjiang Shipping Group Co., Ltd., the two parties involved in a long-standing construction contract dispute over a terminal project, visited the Guangzhou Maritime Court (GZMC). They jointly presented the court with a silk banner inscribed with the words "Upholding the Fengqiao Model in Conciliation, Demonstrating Legal Principles in Serving the People with Dedication", expressing their gratitude for the court's efforts in resolving a protracted dispute between the two state-owned enterprises (SOEs). "I feel an immense sense of relief. This construction dispute, which began 16 years ago, has troubled both SOEs for years. We are sincerely grateful to the maritime judges for their patience and meticulous legal explanations, their reconciliation proposals grounded in law, and their efforts in facilitating the resolution of this dispute. Their work has laid a solid foundation for new collaborations between the two SOEs," said Zhang Yongqiang, Party Secretary of the Guangzhou Salvage Bureau, in his note of appreciation. "New leaders must address old issues. The maritime judges have helped resolve a dispute that had remained unresolved for years, enabling us to devote more resources and energy to the next phase of building a strong maritime province. Their exceptional legal expertise, meticulous work ethic, and profound commitment to serving the people are truly admirable," said Li Mianxiong, Party Secretary of Guangdong Zhanjiang Shipping Group Co., Ltd., with satisfaction. The successful conciliation of this dispute and the mutually satisfactory resolution were the result of the diligent endeavors of the court's adjudication team. The two enterprises inked a construction contract for the relocation and renovation of a shipyard in December 2008, and the project commenced in September 2009. In March 2017, the project was halted due to the government's requisition of the land (and sea area), leaving the construction unfinished and the financial settlement incomplete. This led to litigation, with one party suing for the payment of project costs and damages and the other counterclaiming for losses resulting from delays. The dispute spanned a lengthy period, involving over a hundred volumes of documentation and multiple engineering projects, including a terminal, a dock, cofferdam, and wing walls. The amount in dispute stood at an estimated RMB 140 million, with numerous contentious issues and challenging appraisal tasks, making the case exceptionally complex to adjudicate. To ascertain the facts, the adjudication team organized 39 reconciliation meetings, convened 11 pre-trial conferences, and conducted 13 days of hearings. They thoroughly listened to both parties, identifying the focal points of contention and systematically and progressively straightening out the facts. "The dispute spanned a long period and involved two SOEs. Resolving it through conciliation not only enabled the companies to settle their differences promptly but also revitalized valuable resources and assets," the adjudication team explained. After multiple deliberations, the team reached a unified adjudication strategy: thoroughly investigate the facts, identify the balance point between the interests of both parties, propose an optimal resolution plan, and actively conciliate between the two parties to achieve mutually beneficial, win-win, and even multi-win outcomes. Over the course of 23 days, the adjudication team conducted five rounds of face-to-face conciliation sessions and "back-to-back" analyses of litigation risks. Based on a clear understanding of the fundamental facts of the case, they promptly consolidated the outcomes of the negotiations and made timely adjustments to the proposed reconciliation proposal, taking into account the expectations of both parties. Ultimately, these efforts led to a settlement agreement of RMB 46.5 million, bringing the dispute to a successful resolution. At the exchange meeting, Chen Youqiang, Party Secretary and President of GZMC, reaffirmed the recognition given to the adjudication team by both parties. He highlighted that the successful conciliation of this case, which resolved a long-standing issue between two SOEs, exemplified judicial values and principles that are worthy of learning and emulation. First, the case demonstrated the high-level positioning of maritime adjudication in supporting the Maritime Power Strategy and the building of a strong maritime province. The adjudication team keenly understood the marine-oriented business characteristics of the two SOEs and actively facilitated reconciliation, enabling the companies to rid themselves of the burden of this historical dispute. This successful resolution vividly reflected the implementation of provincial directives to address historical maritime issues and optimize marine resource allocation, illustrating the maritime court's vital role in providing judicial support for the Maritime Power Strategy and the development of a strong maritime province. Second, the case reflected the two SOEs' willingness to confront challenges and their commitment to focusing on forward-looking development. Both enterprises demonstrated a readiness to embrace innovative thinking and resolve age-old issues with a pragmatic, results-oriented attitude. They broke free from the traditional approach of exhausting judicial procedures to resolve a dispute, instead achieving a substantive resolution. This proactive approach showcased their sense of responsibility and most importantly, provided a model and pathway for resolving similar disputes involving SOEs, thereby quickly releasing resources and assets. Third, the case embodies the principle of resolving conflicts to achieve mutually beneficial, win-win, and multi-win outcomes. The adjudication team firmly upheld the philosophy of "judiciary for the people" and approached the case with the mindset of "acting as if I were the litigant". The team neither avoided contentious issues nor resorted to vague compromises. Instead, they rationally considered the facts, patiently presented legal reasoning, and utilized the "Fengqiao Model" in the new era to resolve the dispute. They helped the two enterprises identify the greatest common denominator for reconciliation, thereby fostering new mutual trust and securing a win-win situation for both sides. Fourth, the case showed the exceptional professionalism of the maritime judges. Led by Judge Deng Feifei, the adjudication team meticulously combed through over a hundred volumes of case files, pinpointed the core issues among dozens of points of contention, and clarified the complexities of the opposing claims. They conveyed the court's genuine intent to facilitate reconciliation while also demonstrating their professional confidence in resolving the dispute if necessary. This professionalism ultimately led to the resolution of the dispute, earning high praise from both parties for a unified outcome that integrated political, social, and legal effects.
  • Vigorously Promote the Spirit of the Constitution to Boost the Construction of "New Maritime Guangdong"

    2024-12-06

    On December 3, 2024, as part of the Constitution Day events, the "Vigorously Promote the Spirit of the Constitution to Boost the Construction of 'New Maritime Guangdong'" theme event, jointly organized by the Guangzhou Maritime Court (GZMC) and Guangzhou Maritime University (GMU), took place at Huangpu Campus, GMU. On the occasion of the 40th anniversary of the establishment of maritime courts in China, Cheng Liang, a Class IV Senior Judge of GZMC who was awarded the "Outstanding Individual in the Maritime Trial of People's Court" by the Supreme People's Court, delivered a lecture, entitled "Vigorously Promote the Spirit of the Constitution to Boost the Construction of 'New Maritime Guangdong'", to teachers and students. Judge Cheng thoroughly reviewed the evolution of China's Constitution, with a focus on the importance of the Constitution as the fundamental law of the country as well as the core role of the Constitution in maintaining maritime order, ensuring maritime safety and fostering the sustainable development of the marine economy. Citing specific cases, he explained through an easy-to-understand approach how GZMC as a maritime court makes fair judgments in respect of maritime disputes and protects the marine environment and the legitimate rights and interests of marine workers pursuant to the Constitution and applicable laws and regulations. During the Q&A session at the end of the lecture, Judge Cheng interacted with the attending teachers and students. He fully answered their inquiries about the application of maritime law. As part of the event, a legal consultation booth was run at Haiyan Square, GMU. Judge Cheng Liang, Jude Assistant Yang Wencong, and Clerk Lin Xinqi offered face-to-face legal consultation services to teachers and students and distributed various legal literacy materials on-site. This further spread knowledge of the Constitution and maritime law, increasing their awareness of the law and understanding of legal concepts. Well-acclaimed by both teachers and students, this initiative laid a solid foundation for building a harmonious campus in GMU and advancing the law-based construction of a "New Maritime Guangdong". GZMC extensively conducted pre-event publicity through channels such as China Maritime Trial (https://cmt.court.gov.cn/) and the GZMC WeChat Official Account (ID: GZ-MaritimeCourt). Tens of thousands of netizens participated in GZMC's online interactive quiz – "Maritime Trial Tips: Learn More Constitutional Knowledge", which encouraged the public to pay attention to the Constitution and maritime law. This successful event has helped with the effective widespread dissemination of the spirit of the Constitution, laid a solid legal foundation for building a "New Maritime Guangdong", and consolidated the fine social culture of respecting, learning, abiding by and applying the law.
  • Two Events on Increasing Public Knowledge of the Law

    2024-11-20

    Recently, the Zhuhai Division of Guangzhou Maritime Court (GZMC) carried out a legal aid lecture entitled "Know and Understand the Law, Safeguard the Seaway" jointly with the Jiangmen Maritime Safety Administration (JMSA), and the "2024 Port and Shipping Lecture" jointly with the Zhuhai Port Association (ZHPA) and Zhuhai Transportation Holdings Group, with a view to enhancing public awareness of marine rule of law and the ability to serve and safeguard the high-quality development of the marine economy. "Know and Understand the Law, Safeguard the Seaway" Legal Aid Lecture The lecture took place on the morning at the "Happy Crew Cabin", Xinhui Port and was delivered by President Xu Chunlong, Judge Zhang Rong, and Judge Assistant Shi Wangtao from the Zhuhai Division of GZMC. Zhang Rong gave a detailed presentation to seafarer and shipowner representatives on the theme of "standardizing employment, conscientiously performing duties, and jointly safeguarding the healthy development of the seafarer labor market", with a focus on the main functions of the court, special legal provisions on seafarer labor disputes, and common issues in the judicial practice of seafarer labor disputes. She also answered the participants' legal inquiries. In addition, law enforcement officers from JMSA presented maritime safety knowledge. Rich in content and highly practical, the lecture was well-received by those present. Going ahead, the Zhuhai Division of GZMC will continue to deepen its cooperation with JMSA in raising public awareness of the law, professional learning and exchanges, and joint construction of branches, fully play its role as the liaison for the cooperation and co-construction agreement between GZMC and JMSA, constantly sum up the experience of cooperation and co-construction, expand service platforms, and enrich judicial service forms, to better serve the healthy development of the water transportation sector in Jiangmen. 2024 Port and Shipping Lecture The "2024 Port and Shipping Lecture" jointly organized by the Zhuhai Division of GZMC, Zhuhai Transportation Holdings Group, and ZHPA took place in Zhuhai. Nearly 50 representatives from organizational members of ZHPA and related organizations attended the event. Xu Chunlong, President of the Zhuhai Division of GZMC, and Xu Haidong, President of ZHPA, delivered remarks. During the lecture, President Xu Chunlong expressed his gratitude to ZHPA and its organizational members for their support for the work of GZMC, and gave opinions and suggestions on compliant operations of enterprises. He said that GZMC will consider issuing judicial suggestions and other means to help businesses operate under the law and better implement the guiding principles from the Third Plenary Session of the 20th CPC Central Committee and the Fifth Plenary Session of the 13th CPC Guangdong Provincial Committee. He called on enterprises to follow the arrangements of the Guangdong CPC Provincial Committee and Provincial Government, the CPC Zhuhai Municipal Committee and Municipal Government and relevant government authorities, actively promote industry integration based on their industrial characteristics, pursue high-quality industrial innovation, and achieve high-quality development under relevant plans for building a New Maritime Guangdong. In recent years, with the development of the marine economy, GZMC has seen an increase in the number of cases of disputes involving sea area use rights. Assistant Judge Shi Wangtao explained the identification of sea areas, the identification of sea area use, the entities with the authority to approve sea area use, the calculation standards for fines for illegal sea area use, and the renewal of sea area use rights, by citing five specific cases, focusing on the theme of "increasing enterprises' knowledge of the law to safeguard their development". This helped the companies understand the key legal provisions and raise their awareness of compliance. The participants also shared views on topics such as common legal issues relating to the use of sea areas, shipowners' handling and response to maritime accidents, workplace safety management, and improvement of safety skills. Going forward, GZMC will continue to deeply explore the functions and roles of the cooperation and co-construction mechanism established with industry associations such as ZHPA, continuously extend its trial functions, integrate into the new local governance landscape, and give play to its functions as maritime judicial authority to boost the high-quality development of the marine economy.
  • Emphasizing the Effective Implementation and Promotion of GZMC's "3+1+1" Initiative

    2024-10-22

    On the afternoon of September 20, 2024, Guangzhou Maritime Court (GZMC) convened a meeting to advance its work on judicial recommendations, the case database, the legal Q&A platform, information briefings, and research (collectively referred to as the "3+1+1" Initiative). The meeting summarized the progress to date, conducted benchmarking assessments, and outlined measures for further strengthening the relevant work. Chen Youqiang, Party Secretary and President of GZMC, attended the event and delivered remarks. The meeting provided updates on GZMC's preliminary efforts in implementing judicial recommendations, building the case database, launching the legal Q&A platform, preparing information briefings, and conducting research. GZMC implemented the directives of higher-level courts, which emphasized the importance of these tasks, and facilitated the exchange of ideas and research on how to move the initiative forward. President Chen Youqiang addressed the key dimensions of "how to view" and "how to act" in relation to the "3+1+1" Initiative. He emphasized the following points: 1. Elevating strategic awareness: It is crucial to fully recognize the significance of judicial recommendations, the case database, and the legal Q&A platform in upholding strict and impartial justice, maintaining the people-centered nature of the judiciary, solidifying the foundation of governance, and actively fulfilling the judiciary's role in serving the broader interests of the country. High-level research plays a fundamental role in planning and driving these efforts, while high-quality information briefings contribute to increasing the Court's influence and promoting high-quality maritime trial. The coordinated advancement of these elements is essential to ensuring that the "3+1+1" Initiative makes breakthroughs and yields tangible results. 2. Deepening learning and comprehension: President Chen emphasized the importance of focusing on major national and provincial priorities, such as "Chinese modernization", "high-quality development", "reform of the economic system", the "Maritime Power Strategy", the "Belt and Road Initiative", the development of the GBA, and the "New Maritime Guangdong" initiative. It is imperative to grasp key concepts such as "rule of law in China", "judicial support services", and "deepening reform". In particular, understanding the central role of economic system reform and focusing on the construction of "New Maritime Guangdong" are crucial for aligning the "3+1+1" Initiative with national objectives and for identifying effective entry points to support these overarching goals. 3. Broadening perspectives: He called for a keen ability to look beyond the surface and capture the underlying judicial values, the spirit of the rule of law, and the regulatory guidance embedded in individual cases. This approach should inform the development of a unified national market, a law-based business environment, high-level openness, maritime economic development and ecological security, maritime rights protection, new blue economy industries, and the construction of foreign-related legal systems. In doing so, GZMC can contribute maritime judicial insights that support these initiatives. 4. Focusing on core responsibilities: The primary focus must remain on improving the quality and efficiency of adjudication. By leveraging GZMC's maritime trial functions, the responsibility system for enhancing trial quality and efficiency should drive the modernization of both the judicial system and its capacities, ultimately creating a unique body of experience in maritime adjudication within the Court. 5. Taking responsibility and being proactive: It is important to implement overall coordination by the CPC Committee of GZMC, with functional departments pushing forward the work in a coordinated manner. The Court should work to maximize its potential, actively motivate its members, and cultivate exemplary cases and events while identifying standout moments in its work. Information officers should engage in critical thinking and diligently provide timely and proactive information updates. Through thoughtful planning, thorough analysis, and consistent output, GZMC aims to achieve new progress and continue to lead the way with the "3+1+1" Initiative. The meeting was chaired by Dong Qing, CPC Committee Member and Director of the Political Department, and attended by Jiang Yinju, Provincially-Administered Level I Division Rank Official, as well as information officers from all departments and members of key research task forces.
  • Open Consultation & Collective Wisdom: Jointly Advancing Maritime Trial Services to Support the Construction of "New Maritime Guangdong"

    2024-10-22

    As the nation earnestly studies and implements the guiding principles from the Third Plenary Session of the 20th CPC Central Committee and conscientiously follows General Secretary Xi Jinping's important speeches delivered at the ceremonies marking the 70th anniversary of the National People's Congress (NPC) and the 75th anniversary of the Chinese People's Political Consultative Conference (CPPCC), Guangzhou Maritime Court (GZMC) held a symposium on providing high-quality maritime trial services to support the construction of "New Maritime Guangdong" on September 27, 2024. Attendees included Zhou Bin, NPC Deputy; Lin Li, Guangdong Provincial People's Congress Deputy; Huang Yanyun, Guangzhou Municipal People's Congress Deputy; Lin Cuizhu, Member of CPPCC Guangdong Provincial Committee; as well as 14 representatives from maritime administrative organs including the Guangdong Maritime Safety Administration, the Guangdong Branch of China Coast Guard, the Department of Ecology and Environment of Guangdong, the Guangdong Provincial Marine Comprehensive Law Enforcement General Brigade, alongside representatives from port and shipping enterprises and the Bar Association. The participants offered their insights and suggestions. Chen Youqiang, Party Secretary and President of GZMC, attended the event. The attending representatives highly praised GZMC for its professional expertise and proactive contributions to the high-quality development of Guangdong's marine economy. From their respective professional perspectives, they provided constructive opinions and suggestions on how to further enhance maritime trial services to support the development of "New Maritime Guangdong", serve the Belt and Road Initiative, contribute to the development of the GBA, promote the high-quality development of new quality marine productive forces, resolve maritime disputes through diversified mechanisms, and modernize maritime trial work. NPC Deputy Zhou Bin noted that in recent years, GZMC has, under the people-centered philosophy, made outstanding contributions to developing Guangdong into a strong maritime province and building "New Maritime Guangdong". He emphasized the need to continue to strengthen efforts in legal publicity, Court Open Days, the development of diversified dispute resolution mechanisms, digital empowerment, and the handling of cross-border e-commerce cases to fully foster the construction of "New Maritime Guangdong". Lin Li, Guangdong Provincial People's Congress Deputy, acknowledged the increased collaboration between the Guangzhou procuratorial organs and GZMC in recent years, which has positively contributed to the construction of marine ecological civilization. She called for both judicial and procuratorial organs to fully utilize their functional advantages in providing high-quality judicial services for the development of a maritime power, a "Beautiful GBA", and a "Green, Beautiful Guangdong". Huang Yanyun, Guangzhou Municipal People's Congress Deputy, suggested adopting a prudent and inclusive approach to guide enterprises toward healthy and balanced development. She advocated for the introduction of judicial tolerance measures and fault-tolerant mechanisms to provide companies with more opportunities for growth and survival. Lin Cuizhu, Member of CPPCC Guangdong Provincial Committee, proposed that Guangdong should strive to become a preferred destination for maritime dispute resolution by participating in international maritime judicial exchanges, improving the domestic legal framework, and cultivating high-quality maritime legal experts. Yu Chao, Deputy Director of the Guangdong Branch of China Coast Guard, recommended that the maritime court further expand the pilot scope of maritime criminal cases and broaden the channels for handling cases involving unregistered vessels as well as the disposal of rare species such as red coral and giant clams. Luo Puqing, CPC Committee Member and Deputy Director of the Guangdong Provincial Marine Comprehensive Law Enforcement General Brigade, suggested enhancing coordination between judicial adjudication and administrative law enforcement, focusing on key areas of marine comprehensive law enforcement, and strongly advancing the development of a law-based government. Xu Jianghao, Level IV Division Rank Official of the Marine Division at the Department of Ecology and Environment of Guangdong, proposed strengthening communication and collaboration among the Court, the Coast Guard, the Marine Comprehensive Law Enforcement Team, and other authorities. He emphasized the need to promote effective coordination between judicial adjudication and administrative law enforcement, and to actively participate in the revision of laws and regulations regarding marine environmental protection. Liu Feng, Deputy Chief of the Regulatory and Normative Division of the Guangdong Maritime Safety Administration, suggested that GZMC provide professional opinions and advice during the construction of offshore wind farms and marine ranching, in order to enhance the capability and standards of law-based administration. Qi Hao, Deputy General Manager of the Legal Affairs and Risk Management Department of COSCO Shipping Bulk Co., Ltd., recommended that law enforcement and judicial authorities focus on issues such as the release of cargo without a bill of lading, the formulation of international rules, and judicial jurisdiction in trade and transportation practices, and provide corresponding judicial advice. Luo Yusong, Director of the Legal Affairs Center at Guangdong Provincial Port & Shipping Group Co., Ltd., proposed strengthening the coordination between government agencies and courts to formulate specialized compliance guidelines for marine ranching. He also advocated for promoting the development of local regulations to provide legal support for the growth of new quality marine productive forces. Chen Qun, Secretary-General of the Maritime Affairs and Commerce Law Committee of the Guangdong Lawyers Association, suggested strengthening the China Maritime Trial Network, deepening the development of diversified dispute resolution mechanisms, and steadily enhancing the international credibility of China's maritime justice. Wu Xingkui, Deputy Director of the Maritime Affairs and Commerce Law Committee of the Guangdong Lawyers Association, recommended implementing a variety of measures to shorten case processing times, strengthen the explanation and reasoning in judicial rulings, and urge relevant authorities to address the chaos in the judicial appraisal and evaluation industries. Chen Youqiang, Party Secretary and President of GZMC, expressed his gratitude on behalf of the Court to the NPC deputies, CPPCC members, and all sectors of society for their attention and support for GZMC's adjudication work over the past 40 years. He acknowledged the insightful suggestions from the participants regarding the modernization of maritime adjudication, noting that GZMC would carefully evaluate and study each idea and ensure the implementation of reforms to advance the development of maritime trial. President Chen emphasized that GZMC would further implement the guiding principles from the Third Plenary Session of the 20th CPC Central Committee and the important speeches and instructions delivered by General Secretary Xi Jinping during his inspection tour of Guangdong. In line with the CPC Guangdong Provincial Committee's "1310" Strategy and the specific arrangements of the Fifth Plenary Session of the 13th CPC Guangdong Provincial Committee, the Court would focus on building "New Maritime Guangdong" and earnestly fulfill its maritime trial duties to support the high-quality development of marine economy in Guangdong. To achieve breakthroughs in key tasks, GZMC will adhere to seven guiding principles: 1. Supporting the strategy of building a strong maritime province by innovating the maritime trial mechanisms and seeking new breakthroughs in providing high-quality maritime judicial services to boost the development of "New Maritime Guangdong". 2. Supporting the construction of the "One Point, Two Places" in the GBA, seeking new breakthroughs in the innovation of maritime judicial assistance systems and mechanisms. 3. Supporting the new maritime economic models, by advancing the development of new marine quality productive forces and seeking fresh breakthroughs in stimulating corporate innovation and creativity through maritime justice. 4. Supporting new growth areas of export-oriented economy, by fostering the development of cross-border e-commerce logistics and seeking new breakthroughs in ensuring stable development of foreign trade through maritime justice. 5. Supporting maritime ecological security, by coordinating marine economic development with environmental protection and making new breakthroughs in expanding the scale and optimizing the structure of the marine economy through maritime justice. 6. Safeguarding national maritime rights and interests, by providing strong judicial support to Chinese maritime enterprises as they go global, and seeking new breakthroughs in shaping the international maritime legal order through maritime justice. 7. Supporting pilot programs for institutional and rule-based openness, by effectively telling China's maritime judicial stories in ways that are accessible, comprehensible, and impactful to international audiences, and seeking new breakthroughs in enhancing China's international discourse power through maritime justice.
  • Judges Collaborate to Resolve Wage Concerns: 13 Crew Members Successfully Recover Unpaid Wages

    2024-08-10

    "Thank you, Guangzhou Maritime Court (GZMC)!" "Thanks to Judge Chen's mediation, our overdue wages have finally been secured." … Late on the night of June 30, 2024, as Judge Chen Mingqiang watched the stream of "thank you" messages flooding into the WeChat group, a smile spread across his face. The wages for 13 crew members had finally been secured, marking the successful conclusion of this labor contract dispute that had been a source of concern for both the crew members and the judges. "Share this great news with Judges Song, Xie, and Xu. They played a crucial role in cracking this tough nut!" A challenge: The dilemma between support and dismissal "This series of cases was quite convoluted", Judge Chen Mingqiang remarked, scratching his head as he recalled the matter. "During the hearing, the crew members involved had different boarding times, different employers, and different wage standards. Even after the court's explanations, they insisted on suing only the registered shipowner while remaining vague about the actual employer. The registered shipowner argued that the crew members were deliberately avoiding the bareboat charterer, who lacked the ability to pay, and requested that the crew members' claims be dismissed, refusing any mediation." After the hearing, the adjudication team was confronted with a difficult decision: should they dismiss the claims on the grounds of misidentification of the actual employer? Or should they seek a path to substantively resolve the dispute by balancing the enforcement of maritime liens and the responsibilities of the registered shipowner? This was indeed a challenging task. Clarifying the approach: Comprehensive mediation prevails over simple adjudication Based on the established facts, the adjudication team drafted 13 judgment texts—some of the crew members' claims were dismissed, while others were upheld. "Legally, these judgments are sound, but handling the case this way could easily lead to new conflicts", remarked Chen Youqiang, Party Secretary and President of GZMC, as he visited the court staff working overtime. He instructed the adjudication team to prioritize mediation as the optimal approach for resolving this series of cases, harnessing the collective wisdom of the judges to achieve a thorough and harmonious resolution. To this end, the adjudication team sought guidance from Judges Song Ruiqiu, Yin Zhonglie, and Cheng Liang, particularly consulting with the court's mediation experts, Judges Xie Huicheng, Xu Chunlong, and Deng Feifei. Drawing from Judge Xie's insights into similar crew member wage dispute mediations, the team developed a clearer mediation strategy to realize the best possible resolution. Multiple rounds of mediation: Collective wisdom reflects Chinese expertise During the first round of mediation, the adjudication team explained to both parties the risks and uncertainties inherent in a judgment. The shipowner reluctantly agreed to fulfill the obligation to pay the wages but insisted on installment payments. However, the crew members found the shipowner's proposal far below their expectations and could not accept it. The outcome of the mediation was disappointing for the team. Before the second round of mediation, the adjudication team prepared extensively. They used the big data-driven intelligent evaluation system to assess the post-auction value of the ship involved in the case. Using the valuation as a basis, they detailed the pros and cons of both judgment and mediation to the parties, inviting the crew members' attorney to help align the crew members' expectations with their claims. Simultaneously, the team meticulously prepared the reasoning and proofreading for the judgment texts, ensuring they were fully prepared for either outcome. Thanks to the persistent efforts of the adjudication team, the shipowner and the crew members finally reached a mediation agreement at approximately 17:35 on June 30. Case concluded: Teamwork enhances judicial efficiency "Owing to Judge Zhou Tiantian", Judge Chen Mingqiang said with a smile, rubbing his hands together. "At a critical moment, the system encountered a bug for some unknown reason, and she stepped in as an IT operator, helping the team complete the document preparation, seal signing, and electronic delivery overnight." To secure the hard-won mediation agreement, the adjudication team promptly arranged an online hearing for both parties to confirm the mediation proposal, and by 19:30, the mediation transcript and settlement agreement were finally signed online. With the completion of the final mediation documents and their electronic delivery, the adjudication team was finally able to breathe a sigh of relief. Judicial and humanistic care: "As if we were the litigants" Both parties expressed their deep gratitude and high praise for the adjudication team in the WeChat group, leading to the scene described at the beginning. The successful mediation of the labor contract dispute involving 13 crew members is a true reflection of the adjudication team's approach of treating each case "as if we were the litigants", as well as a testament to the collective wisdom and teamwork within the GZMC. Crew member labor contract disputes are common cases for the maritime court. Resolving such disputes is of great significance for safeguarding crew members' rights and ensuring the labor order in the shipping market. The successful mediation in this case was made possible by the adjudication team's precise use of legal tools, such as the crew members' maritime liens, ship arrest, and auctioning of the vessel during litigation, as well as the effective involvement of the lawyers. The team developed "tailored" mediation proposals for each crew member, finding a balance between protecting their rights and managing the shipowner's operational costs. By emphasizing mediation where possible, even in situations that could have been adjudicated, they ultimately achieved a successful settlement. The collective insights and mediation approach employed by the court in this case provide a valuable model for resolving similar disputes.
  • Coordination Between Adjudication and Enforcement: 1+1 > 2

    2024-08-06

    "Ding!" The notification sound from a text message indicated that the applicant, HE, had received the final installment of the settlement payment from the respondent, LIAO, marking the completion of the settlement agreement and the successful resolution of this complex time charter dispute. The judge in charge of the case finally felt relieved, remarking, "After nearly a year of uncertainty where the settlement process could have collapsed at any moment, it's all thanks to the coordination between adjudication and enforcement!" This case began on August 2, 2021, when HE and LIAO signed a charter party for the transport of goods by ship. Under the contract, LIAO shall charter the vessel "Tianli 933" from HE at a monthly rent of RMB 230,000, with the charter period running from August 4, 2021, to January 15, 2022, and in the event of a breach by either party, a penalty of RMB 30,000 shall be paid to the non-breaching party. Following the execution of the contract, LIAO paid a deposit of RMB 30,000 and part of the rent, and HE delivered the vessel to LIAO on the same day. However, less than six months after the contract was signed, the cooperation encountered difficulties. On January 29, 2022, in a WeChat conversation, LIAO acknowledged that, after deducting the deposit, he still owed RMB 224,000 in rent. Due to a dispute arising from contract performance, HE filed a lawsuit with the Guangzhou Maritime Court (GZMC), requesting that LIAO be ordered to immediately pay the outstanding rent of RMB 254,000 plus interest, as well as a penalty of RMB 30,000. LIAO did not respond to the lawsuit nor did he submit any evidence. After the trial, the GZMC ruled that the defendant, LIAO, should pay the plaintiff, HE, the outstanding rent of RMB 224,000 plus interest, as well as the penalty of RMB 30,000. When the judgment became final and entered the compulsory enforcement stage, LIAO claimed that he had not received the final judgment and argued that there were errors in the fact-finding. He applied for a retrial and requested a suspension of the auction of his only residence, while also filing objections to the enforcement. To resolve the dispute effectively, the presiding judge and the enforcement judge worked together, meeting with LIAO to explain the law and clarify his doubts, showing him the entire process of service in the lawsuit. They subsequently obtained the delivery records from the judicial delivery service company and informed LIAO. However, LIAO remained firm in his request and maintained a strong stance. What was the hidden truth behind this? Through multiple rounds of communication, the two judges calmed LIAO's emotions and gained insight into his true thoughts and the difficulties he was facing: the death of his father, pandemic lockdowns, lack of a stable income, and his wife's distress over their only property being seized by the court and set for auction. Moreover, LIAO was deeply concerned about the penalty clause in the judgment and was planning to delay enforcement through a retrial or by raising enforcement objections. In response, the presiding judge patiently explained the relevant laws, citing similar cases from past rulings and legal databases. LIAO began to understand his legal responsibilities and the risks associated with his business decisions. The judges acknowledged LIAO's difficulties and reached out to the applicant, HE, to actively facilitate an enforcement settlement between the parties. However, the case encountered another obstacle: HE was resistant to a settlement, citing significant financial pressure due to his loan for the vessel and his reluctance to make concessions. The presiding judge and the enforcement judge worked together to explain the legal principles and reasoning behind a potential settlement. After multiple rounds of negotiation and communication, the parties finally reached an enforcement settlement under the court's supervision, with HE agreeing to waive part of LIAO's penalty. LIAO made the initial settlement payment of RMB 20,000 but then failed to make further payments as agreed. In December 2023, HE applied for compulsory enforcement to resume the case, and after another round of joint efforts to ensure compliance with the judgment and the re-initiation of the property auction process, LIAO settled the remaining amount on April 23 this year, and the case was finally closed in May. In handling maritime enforcement cases, the GZMC, recognizing the strong specialization required, the high degree of social conflict involved, the complexity of legal relationships, and the numerous enforcement procedures, places great emphasis on multi-departmental coordination. The court effectively integrates adjudication and enforcement to overcome the limitations of isolated actions, maintaining a high-pressure stance on compulsory enforcement while also conducting thorough legal explanations and guidance for the parties involved. This approach resolves both the emotional and legal concerns of the parties. The GZMC also upholds the principle of "benevolent and civilized enforcement, making justice both powerful and warm", as it actively explores new methods of benevolent and civilized enforcement that highlight the "strength" and "warmth" of the judiciary to achieve unified political, social, and legal outcomes and ensure that the public feels fairness and justice in every judicial case.
  • GZMC Training Program on Comprehensive Maritime Trial Skills Starts Chen Youqiang Attends Opening Ceremony and Leads a Delegation for Research in Dalian

    2024-06-20

    On June 3, 2024, Chen Youqiang, Party Secretary and President of Guangzhou Maritime Court (GZMC), attended the opening ceremony of the Training Program on Comprehensive Maritime Trial Skills (the "Program"). A delegation led by him conducted work exchanges with the Law School of Dalian Maritime University (LSDMU) and the Dalian Maritime Court. The morning of June 3 witnessed the commencement of the Program through a ceremony held at LSDMU. At the opening ceremony, Chen Youqiang emphasized that organizing the Program was a concrete measure to thoroughly understand Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to enhance abilities and qualities, to enrich knowledge and promote action through learning, and to accumulate knowledge and capabilities, all for the purpose of high-quality development. Staffers participating in the Program are expected to cherish the learning opportunity, approach it with inquisitive and reflective minds, and strive to gain insights, achievements, and success from it. Following the ceremony, a delegation led by Chen Youqiang carried out work exchanges with LSDMU. Together, they reviewed the recent initiatives and accomplishments in bridging maritime law theory with maritime judicial practice, and discussed the prospects for further integration and development between the two institutions. According to Chen Youqiang, both LSDMU and GZMC have a responsibility to serve the national strategy of building maritime power and promoting high-quality development of the marine economy. LSDMU has a profound theoretical foundation in maritime law and rich think tank resources, while GZMC boasts practical expertise. By leveraging their respective strengths, both sides hold broad prospects in facilitating the transformation of maritime legal theory and practical research findings. This collaboration will undoubtedly provide ample practical and intellectual support for China's marine governance and development. On the afternoon of June 3, a delegation headed by Chen Youqiang conducted a research visit to Dalian Maritime Court (DLMC). At the symposium, Chen Youqiang expressed admiration for DLMC, stationed in the northeast of the Motherland, in terms of its political consciousness in serving justice for the nation and the people, as well as its dedication to the revitalization of Northeast China and the national maritime development strategy. He acknowledged DLMC's high political stance, clear delimitation of duties and solid work initiatives. He appreciated DLMC's excellent quality and efficiency in trials, as well as its vibrant team. President Chen also emphasized that DLMC had accurately identified key focus areas and entry points in politics, integrating domestic and foreign-related rule of law, and serving the central work of the CPC Provincial Committee. He stated that DLMC, as a specialized maritime court, was a role model for GZMC. GZMC actively learns from the valuable experiences and best practices of its peer maritime courts, striving for its own high-quality development. Together with other maritime courts, GZMC will contribute positively to the high-quality development of maritime trials across the country. Other participating officials included: Xiao Zhixiong, member of the Leading Party Group and Vice President of GZMC; Xu Yuanping, Senior Judge of the Second Rank; Cheng Shengxiang, Presiding Judge of Maritime Division; Wen Jing, Presiding Judge of Zhanjiang Division; Xu Chunlong, Presiding Judge of Zhuhai Division; and Liao Linfeng, Deputy Office Director.
  • Guangzhou Maritime Court Launches "Youth Protect Nature Green" Communist Youth League of China Theme Day Activity and "Escort Growth, Protect Oceans" Marine Rule of Law Education for the Youth

    2024-05-20

    To further improve awareness of the rule of law and marine ecosystem protection among young people, on the occasion of Youth Day, the Youth League General Branch of Guangzhou Maritime Court carried out the "Youth Protect Nature Green" theme day activity and "Escort Growth and Protect Oceans" marine rule of law education for the youth on April 28. In the multimedia classroom of Guangzhou Nanwu Wenrun School, Wu Manting, a Youth League member, taught an open course about marine ecosystem protection and the rule of law to the third-grade students with the theme of "Protecting the Ocean from What I Start". Judge Quan Xiao and Judge Tan Xuewen shed some light on the law through the first criminal case of endangering rare and endangered wildlife at sea and the public-interest litigation case of marine environment tried by the Guangzhou Maritime Court. They aimed to educate the students about the legal knowledge of marine environmental protection, fostering their understanding and care for the ocean, while forging their deep insight into the importance of protecting the marine ecosystem. In the interactive section, the students enthusiastically discussed the "good practices" for protecting the marine ecosystem. Applause and laughter rang out from time to time. The Youth League General Branch prepared gel pens painted with endangered marine animals and dolphin plush toys for the students. After the class, the school's vice principal Lan described it as an engaging and intuitive legal education class. Lan emphasized that the class has cultivated thinking on the rule of law, enhanced awareness of marine ecosystem protection, and provided insights into the duties of the court and judges, thus preparing students for their career planning and life development in the future.
  • Auctioning Movable Assets without an Exact Value: Their Secrets Revealed!

    2024-04-16

    A large pile of Guiboutia conjugata wood, the subject matter of a legal case, has been exposed to the elements for 4 to 5 years, and no one knows its exact weight. But it has been successfully auctioned by the Guangzhou Maritime Court (GZMC) based on the unit price! On March 18, 2024, after its weight was verified to be 386.29 tons in total, the wood was handed over to the successful bidder for a total transaction price of RMB 884,604. Is this type of auction legal? According to Judge Wang Qiang from the GZMC, the answer is yes. But can it protect the buyer's rights and interests? In fact, it is safe as long as the goods weight is verified! This innovative form of auction has enabled the long-standing backlog of assets involved in the case to be liquidated, preventing further deterioration and greater losses. This approach opens up new avenues for future auctions of large quantities of similar items. Three unsuccessful auctions turn the goods into a hot potato. This batch of Guiboutia conjugata came from Africa. In 2022, it was put up for three auctions by another court, but none was successful. Due to unpaid storage fees, the wood became the subject of a lawsuit brought by a dock company in Dongguan to the GZMC for enforcement. After accepting the case, the case handler visited the timber yard to investigate and analyze the reasons for failed auctions by another court. According to market practices, this type of wood is priced based on weight. But after years of staying in the open air, the wood had decayed significantly, resulting in a weight deviation from the original purchase order. So, what was the actual weight of the goods? The answer could only be known through a thorough inspection and weighing process. Yet, given the enormous quantity, weighing would be both laborious and potentially costly. Just the cost of loading, unloading and transportation could be significant, let alone appraisal fees. Without a high likelihood of a successful auction, the applicant was unwilling to bear these costs. And with only an estimated weight provided, bidders were understandably uncertain. These would risk another unsuccessful auction. Judge's innovative approach makes the wood popular in the auction. Faced with the challenge, the case handler considered bidders' concern about the significant discrepancies in total weight. Accordingly, the judge proposed a novel approach: auctioning based on the unit price of the same type of goods and calculating the total price based on on-site weighing after successful auction. After conducting thorough research in the local timber market, the case handler proposed a reference price based on the intended purchase unit price provided in writing by two mahogany furniture manufacturers. This proposal was then submitted to the collegiate panel for discussion, and they unanimously agreed on the proposal: auctioning the wood at a price per hundred tons, and calculating the total price of the goods based on on-site weighing upon successful auction. This new approach completely dismissed bidders' concerns. The auction for this batch of wood officially began at 10 a.m. on February 26, 2024. The starting price was set at RMB 100,000 per hundred tons, with increments of RMB 1,000 per bid. The auction webpage attracted nearly 4,000 viewers and 83 people set reminders, while 9 registered to bid after over a month of publicity. By 12:32 on February 27, after 105 intense bids and 96 extensions, the Guiboutia conjugata wood was sold at a price of RMB 229,000 per hundred tons, with a premium rate of 129%. Active justice: innovative solutions to online auction challenges. Mr. Han Tiegang, the person in charge of online judicial auctions at the GZMC, noted that auctioning bulk commodities based on unit prices can greatly alleviate bidders' concerns and stimulate the enthusiasm of potential bidders to participate in auctions. The starting price for the auction in this case was set per hundred tons to conform to the judicial auction system and to avoid an unduly low bidding threshold that might arise from insufficiently small deposits. In a unit-price auction, the starting price can be set per ton, per hundred tons, or per thousand tons, depending on the type of the item. Mr. Wu Guining, Director of the Enforcement Bureau, GZMC, stated that it was the first time for the Court to auction bulk commodities based on the unit price. No other court in China has conducted such an auction, according to a search on Alibaba's Judicial Auction Platform. Industry experts highlight that judicial auctions of bulk materials such as sand, gravel, coal, ore, and the like, have all encountered the aforementioned difficulties. The innovative bidding model introduced by the GZMC is a new approach and practice for solving these difficulties under the principle of promoting justice for the people.
A total of 22pages,page2.