• A Book Day Activity in Zhanjiang Court

    2021-01-08

    The fifth session book day activity of 2020 was held in Zhanjiang court in the afternoon of January 5, 2021, the party branch of research office of Zhanjiang Intermediate Peoples’ Court came and joined to appreciate the book of Marva Collins’ Way. The activity was presided by Yang Wencong, branch secretary Chen Zhenqing introduced the background, significant, the author and shared the educational methods of the book and emphasized the importance of English reading. Judge Deng Feifei recalled her English original reading in college days, she comprehended Marva Collin’s educational concepts through the examples of the book and demonstrated it to everyone in proper translation. Quan Xiao and director Feng Xiaoyao , deputy chief judge Sun Jie and Liu Fang of Zhanjiang Intermediate Peoples’ Court shared their children education experiences according to the book’s example. And Ding Yongping, pre-director of Political Department of the people’s court made a conclusion from the perspectives of the conduct of children, study habits and family atmosphere and so on. The court officers of Zhanjiang court regain their English reading after the activity, and associate with other court by means of book has laid a good foundation for future’s cooperation on trial and other businesses.
  • The Publicity of GZMC Won an Special Honor

    2020-12-31

    The second International Communication Symposium on Rule of law in China was held in Beijing on November 26, 2020. Social and Legal affairs and vice director Zhang Mingqi of China Law Society were present and gave speeches. More than 60 representatives from Propaganda Department of Central Committee, National People's Congress Law Committee, SPC, Ministry of Public Security, Ministry of Justice, GZMC, some medias and universities attended. Ni Xuewei, director of Research Office of GZMC was also invited to address the meeting.     On the opening ceremony, the trilingual Report on Maritime Trial 2019 in Greater bay Areas and the English video open courses were awarded the “2020 Ten Typical cases of International Communication of Rule of Law in China” for it communicate and tell the stories of rule of law in China in an innovative and accessible way to overseas. The English websites and annual reports of intellectual property court of SPC, CNIPA and Ministry of Justice won the same honor.   Director Ni introduced some practices on legal publicity of GZMC, such as English version attachment on legal documents, English simultaneous live streaming in foreign-involved cases, Chinese-English subtitles to the court videos of important foreign-related cases, and release report on maritime trial in trilingual (Chinese, English and Portuguese). Besides, GZMC set up an English translation group to organize young judges record the open courses to introduce Chinese maritime law and maritime justice, which is an active exploration for the publicity of rule of law in China.
  • GZMC Held the Constitutional Oath-taking Ceremony

    2020-12-10

      On December 4, 2020, the constitutional oath-taking ceremony was held at the second floor of the building of GZMC, new- apointed leader, new middle-level cadres and new appointed judges took part in it. The ceremony was presided by Director Lin Xiaofeng of Personnel Department, Vice president Liu Sibin led the oath and President Ye Liudong supervised it. At 9 o’clock a.m., Lin announced the beginning of the ceremony, then four judicial polices escorted the national flag into the site  and all sang the national  anthem.  Thereafter,  Liu  putted  his hand on the Constitution and recited the oath, while others were stand in line and recited it too. President Ye called for the court officers from six perspectives after the ceremony: First, it is imperative to made clear about our tasks under the new backdrop, all officers should steadily strengthened their consciousness of the need to think in big-picture. We  must strive to provide powerful judicial and safeguard social security and build a fair legal environment for the high quality development。 Second, we should continue to promote the maritime trial high- quality strategy, and actively build a modern maritime judicial system that adapt to marine power strategy so as to further improve international maritime judicial credibility and influence. Third, we should sort out rules of conduct and ensure legal social justice through impartial judgment, and guild all walks of life address disputes in a law-based concept. Furthermore, we should endeavor to build a more reasonable trial system with maritime characteristics and a new working mode for the eras, strive to become the model of reform and innovation among maritime courts. Fourth, we should identify the masses’ diversified judicial need and strengthen the judicial safeguard and spare no efforts to solve the sensitive and thorny issues. Besides, we will work hard to enhance people’s sense of gain and happiness through promoting the one-station multi-dispute-solved system and litigation service system in a diversified way. Fifth, we should further made judicial publicity operating in a more broadly and deeply way, and accepting the oversight by NPC members to reform our court’s work and promote judicial justice. What’s more, it is necessary to stimulate the smart trial, smart execution, smart services and smart management, and advance integration of big data, artificial intelligence, block chains and other scientific and technological innovations with judicial enforcement and judicial supervision. Last but not least, we should take political development as leadership to cultivate expert judges and inter-disciplinary talents. President Ye hopes that everyone of the court will fulfill their duties and loyal to the Constitution under the guidance of Xi Jinping’s thought, maintain the spirit of adventurous, innovative and practical and bear in mind that justice serves people and  put into practices, thereafter contributed to the initiative of Guangdong with rule of law.
  • President Ye Led a Team to Attend the 28th National Maritime Trial Seminar

    2020-11-20

    The28th national maritime trial seminar was held in Xiamen, Fujian province in October 22, 2020. Before the seminar, Secretary of the Party Leadership Group and President of SPC Zhou Qiang emphasized that we should follow the guidance of Xi Jinping’s thought on Socialism with Chinese Characteristics for a New Era, and implement the spirits of Xi’s important speech at the 40th anniversary celebration of the establishment of Shenzhen SEZ. Furthermore, we should improve maritime trial to serve the building of marine power, and safeguard the high-quality development, development pattern and higher level of opening up. The standing Committee Member and the Political and Judiciary Commission Secretary of the Fujian committee of the CPC Luo Dongchuan, and Secretary of the Party Leadership Group and President of Fujian Provincial Higher People’s Court Wu Xielin, attended the meeting and delivered an address separately. The seminar was held by Xiamen Maritime Court, leaders from local municipal party committee and municipal government, comrades from national maritime trial systems and scholars and representatives from universities presented. President Ye, Director Ni Xuewei and judge assistant Chen Wenzhi of our court, attended the seminar by invitation. The theme of the seminar were the current situation and duties of maritime trial under the concept of building a marine community of shared future and the amendment of Special Maritime Procedure Law. Among thirty-four papers from GZMC, five of which won prize: Issues and Settlement of Registration of the Claim and repayment, co-written by Xu Chunlong and Chen Wenzhi,won the first prize. The Improvement in Maritime Evidence Preservation System-Take such 330 Announcement as Examples, co-written by XuChunlong, GaoQian and Zhang Le, won the second prize. Research on the Case of Realization of Securities Interests in Applicable Procedure-take the Procedure Co-built of Civil Procedure Law and Maritime Procedure Law as the Path written by Zhou Tiantian, and Research on the Categories and Determination of Legal Validity of Maritime Electronic Evidences-from the Perspective of the Amendment of Special Maritime Procedure Law written by Liu Yufei, won the third prizes. Analysis on Legal Practice in Maritime Guarantee of Ship Arrest before Litigation and the Outlooks on the Improvement of it, co-written by Xie Huicheng, Deng Feifei and LuoZhenrong, won the excellence award . Chen Wenzhi made a speech at the meeting. In the seminar for president of maritime courts, President Ye made his report to the Civil Adjudication Tribunal NO.4 of the SPC on the theme of making the concepts of building a marine community of shared future integrated into maritime trial practically, as well as made deep exchange with representatives of other maritime courts was.  
  • The 2020 Guangdong Maritime Trial Meeting Convened in Guangzhou

    2020-10-28

    The 2020 Guangdong Maritime Trial Meeting was convened in Guangzhou on the afternoon of October 16, 2020 for the purpose of creating a better legal business environment and unifying judgment criteria. More than 70 judges and judge assistants from the Fourth Civil Division of Guangdong Higher Peoples court and GZMC attended the meeting. In his address, President Ye said that it’s of great significance and honor to do well in maritime trial. We should study and implement the Thought on Socialism with Chinese Characteristics for a New Era of Xi Jinping and the spirits of the 19th National Congress of the CPC, stay true to the mission and bear it firmly in mind. That means we should follow the general ideas of implementing exemplar strategy, transforming our ways of thinking and adopting a responsible attitude in maritime trial, so as to boost our work to a new level and contribute to the realization of Guangdong's "Four leading Nationwide". Vice President Wang reported on the work of GZMC from Jan. to Sep. this year. Firstly, over the first three quarters, we received 2264 cases, 1372 fewer or 37.75% lower compared to those of last year. Secondly, we have 2858 cases including 594 cases before this year now, with a drop of 31.51% or 1315. Thirdly, compared with last year, we closed 1893 cases with a decrease of 1039 or 35.44%. The settlement rate is 66.24%, 4.02 percentages lowere than 70.26% of last year. And we have 965 cases before this year, a decrease of 276 or 22.25% than in 2019. Above all, over the first three quarters in 2020, the closed-on-received rate is 83.61%, an increase of 2.99% than last year’s 80.62%. Generally, the quality and efficiency of trial has improved, the overall state is stable and positive, but higher pressure would fall onto the last season as case closing rate is lower this year. Here are the following five features shown in the maritime trial of GZMC in 2020: Firstly, Covid-19 has an obvious effect on the number of cases received and closed. Secondly, efficiency and quality has been increasing stably. Thirdly, ADR mechanism is beginning to play it part. Fourthly, great outcomes are achieved in judgment and enforcement with the assistant of smart court during the pandemic of Covid-19. Finally, judicial publicity has been boosted. Some of problems the maritime trial center collected had been discussed deeply in the meeting, such as the issues of the definition and dealing with of signing contract and issuing documents and invoices without transportation of goods in freight forwarding disputes and jurisdictional conflicts in maritime administrative cases. A heated discussion was opened among the judges of the two courts, and they had been enlightened and learned from each other, which is beneficial to the formation of judgment consensus and the unification of judgment criteria.  Chief judge Du Yixing of the Fourth Civil Division of Guangdong Higher Peoples court briefed on the higher people’s court’s maritime trial of 2019. In the 253 closed cases of second instance, 17 were overruled and 3 were remanded for retrial, a decrease 5.04% year on year. Overall, the quality of first instance cases has improved with a lower rate of retrial and review, indicating the unification of judgment criteria and improvement of efficiency and quality brought by the  mechanism between the two courts.
  • The Key Research Topic Undertaken by GZMC has been Accepted by the Higher Court

    2020-09-30

      Research on Maritime Judicial Guarantee in the Building of the Greater Area, which is undertaken by GZMC and as one of the Provincial Courts’ key Research Projects of Guangdong Higher People’s Court, has been accepted and granted closing by the superior court. Led by President Ye, the project was completed by the cooperation of Ni Xuewei, Liu Fusheng, Tan Xuewen, Xu Chunlong and Bai Shaguang of GZMC, Professor Li Tiansheng and his doctoral team of DMU and teachers of CityU. Against the backdrop of a new round of reform and opening up and the building of the Greater Bay Area, it’s a difficult in maritime judicial guarantee when it comes to the institutional coordination in legal systems conflicts and the unification of maritime trial standard, building a community among different legal areas evolves as the biggest challenge at present. It’s inevitably some problems in regional cooperation, judicial communication and coordination emerge in the Bay Area given its unique environment, unified the standard of maritime trial is also a full challenge. This research project mainly discuss the maritime judicial guarantee in the Bay Area from five aspects, which are the judicial guarantee of seaborne trade, shipping financial insurance, administrative maritime, maritime criminal and the building of supporting platform. The report is divided into six parts with nearly 100,000 words and received a high evaluation from the higher court, which is with prominent theme, distinctive characteristics, clearly logic, bountiful content and appropriate details. Three highlights also can be seen in it, firstly, it following the need of the time and conforming to the national strategy. Secondly, it root in judicial practice and with a solid research basis. Thirdly, high practicability thanks to its fruitful outcomes. In all, this high quality research outcome is of great importance to the guidance of maritime judicial practice.  
  • President Ye Led a Team to Visit Guangdong Marine Comprehensive Law Enforcement Team and GMSA

    2020-08-11

    President Ye led Vice Director of Maritime Trial Center Xu Yuanping and other five peoples to Guangdong Marine Comprehensive Law Enforcement Team and Guangdong Maritime Safety Administration to carry out research activity on August 4, 2020. On the morning of that day, Ye and his team arrived at Guangdong Marine Comprehensive Law Enforcement Team, the general team leader Xu Fangzheng and political commissar Qin Lei gave a warm welcome and held a talk to them. The team gave the written investigation material to the issues that putted forward by GZMC during the talk, and they introduced their unified leadership in provincial marine law enforcement and the law enforcement responsibilities in marine surveillance, island management, marine environment protection, management of fishery administration, fishing port superintendence and supervision and inspection on fishing boats. From the perspectives of law enforcement and justice, the two sides made deep exchanges on the issues of frozen food smuggling, remediation on “three without” ships, illegal use of sea areas, illegal sand excavation and offshore dumping. Many problems in the process of marine law enforcement became clear after the talk, both of them agreed to deepened cooperation and address the difficulties in marine law enforcement, thence to build a stable environment for the construction of major maritime province in the post-epidemic period. Ye and his team opened the research at GMSA in the afternoon, Vice Director Yang Wen warmly received them and they had a discussion. GMSA made an introduction of their achievements and experiences on shipping control related with HK and Macao, seaman and overseas personnel epidemic prevention management during the epidemic period, especially the adoption of electronic filing and electronic authentication to realize the non-contact regulation of seamen. They made deep discussion and exchanges on the issue of justiciability of maritime investigation conclusion and judges of GZMC provided guidance advice to it. Plus, issues of cross navigating zone sailing, seamen on board verification and ship detention were also discussed. President Ye said that as the two business close associated units, GZMC and GMSA should keep in touch so as to give feedback on the administrative management problems, solve the question in the judicial process and coherent the business in the implementation. Both sides should exert highly attention to the issue of justiciability of maritime investigation conclusion and recommended that maritime departments should positively handle it under current circumstances.    
  • President Ye was invited to the 2020 “Bay Area Shipping Dialogue”

    2020-07-27

    On the afternoon of July 23, 2020, President Ye attended the second “Bay Area Shipping Dialogue” in 2020 by the invitation of Guangzhou Port Authority and made keynote speech for it. The activity was presided by Vice Director Yuanyue and Directory Chen Hongxian of the authority made concluding remark. In his speech, Ye mentioned that as the introduction and implementation of the Hainan Free Trade Port policy, it will exert profound influence to the building of the Greater Bay Area and bring some opportunities and challenges to the construction of the Guangzhou international shipping hub. The flow of ships is increasing as the development of the economy in Guangdong province, thereafter brings more maritime traffic accidents and seamen labor disputes. It’s vital that we should uphold the shipping orders by legal means and protect legitimate rights of the clients with qualified legal services at the back drop of deep participation in the national strategy for the Greater bay Area. It is necessary for Guangzhou to cultivate shipping talents especially high-end shipping legal talents to ensure the maritime trial, arbitration and lawyers services. We should proactively meet the needs of national strategy and socio-economic development as the strengthening of foreign trade and shipping, and seek to and strengthen the right of speech in the establishment of shipping rules and the jurisdiction and arbitration of maritime cases, thus provide Chinese wisdom and approach to the trial and arbitration of shipping cases and formulation of shipping rules. Director Ni Xuewei also attended the activity by invitation.
  • Report on Maritime Trials 2019 in the Greater Bay Areas issued by GZMC

    2020-06-24

    GZMC convened a press conference on June 23, 2020 to release its Report on Maritime Trials 2019 and introducing its work on offering efforts and services for the development of the Greater Bay Areas, the report released in Chinese, English and Portuguese, which is the fourth time in trilingual and the tenth consecutive time publish in Chinese and English since 2010. GZMC aims to make better use of maritime trials to serve the Greater Bay Areas. The conference was chaired by Vice President Wang Yufei and the report was released by President Ye Liudong, Director of the Executive Board Song Weili issued the ten typical cases in recent three years on the topic of overcoming difficulties in Execution. More than 70 guests attended the conferences, which including Guangdong press medias, maritime judges, specialists and scholars from maritime circles, representatives from shipping and harbor enterprises, banks and insurance industries, and some lawyers. The report divides into eight parts and focus on the sevens issues like jurisdiction on maritime litigation, ship and bridge collision and maritime fishery disputes and present some advices on the basis of reason analysis and risk explanation, which explicitly reflect the panorama of the trial and execution of GZMC in the Bay Areas in 2019.  
  • Two Foreign Megatankers Collided at Pearl River Estuary, GZMC Settled the Dispute by Law

    2020-06-12

    On May 28, 2020, EUROPEAN SPIRIT L.L.C. from the Republic of Marshall Island received reconciliation payment of 3.39 billion yuan from a company of UAE. Presided by Deputy Chief Judge Chang Weiping of Commercial Division, the cross-border dispute caused by two megatankers’ collision was settled in a package. On July 9, 2018, an oil tanker of the defendant from UAE collided with “European Spirit” of plaintiff when it set sail from an anchorage outside the Pearl River Estuary, the collision caused damage to the two vessels. The plaintiff sued to the GZMC on July 2020, demanding compensation of $978 770 for the ship reparation fee and preservation cost, the defendant then filed a counterclaim of more than 3.60 billion yuan. After taking over the case, the judge made a comprehensive analysis on it and sent document to the maritime department to get the accident investigation report and relevant materials. In order to facilitate the dispute, the court organized the reconciliation between the two parties by their wills on the basis of clarifying the main facts, and invited the Norwegian lawyer of the defendant’s P&I Club from Shanghai to participate in mediation on his own behalf. Under the efforts by all, lawyers of the two sides signed the document at the court and the cross-border dispute over the ship collision finally settled.  
A total of 22pages,page8.