• 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.
  • 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.
A total of 22pages,page1.