China sees record maritime trial case volume with robust infrastructure

China has boasted the largest number of maritime trial courts and the most comprehensive maritime trial system in the world, handling both the highest volume and widest range of maritime cases, according to the Supreme People's Court.

"Over the past 40 years, China's maritime trials have expanded their functions, enhanced mechanisms, refined regulations, and increased international influence," Zhang Jun, president of the SPC, said during a national symposium on maritime trial work on Wednesday

Since 1984, China has established 11 maritime courts and 42 detached courts, covering the country's maritime zones and waterways, like the Yangtze River, the Pearl River and the Songhua River.

China's maritime courts have seen a steady rise in case volume, from just 18 cases in 1984 to 29,563 cases in 2023. The variety of cases has also expanded significantly, growing from 18 types in 1984 to 108 by 2016, encompassing areas such as port operations, ship repair and construction, shipping logistics, maritime finance and insurance, as well as maritime exploitation and development.

In total, courts at three levels — Maritime Courts, High People's Courts and the SPC — have handled over 500,000 cases, including 80,000 involving foreign parties from more than 100 countries and regions.

"Maritime trials are an important component of the SPC, safeguarding our nation's sovereignty, security, and development interests," Zhang emphasized. "They also play a pivotal role in building a strong maritime nation".

Typical cases of maritime trials over the past four decades were reviewed during the symposium, highlighting the development of China's maritime trial work and its significance.

In 2014, when a Chinese fishing boat collided with a Panamanian cargo ship en route to Japan in the waters near the Diaoyu Islands, the Xiamen Maritime Court accepted the resulting vessel dispute case, demonstrating the jurisdiction of Chinese courts over the waters surrounding the Diaoyu Islands.

Wang Tong, president of the Shanghai Maritime Court, said: "Maritime trials have provided vital legal support for high-level opening up." The Shanghai Maritime Court has been proactive in aligning with international legal standards, applying conventions such as the New York Convention and the Athens Convention with precision in its adjudications.

In 2022, the Shanghai Maritime Court recognized and enforced a court judgment from the UK for the first time, marking a significant milestone in Chinese courts' application of the principle of reciprocity.

"With the establishment of courts in the Pilot Free Trade Zone, maritime trials have further contributed to facilitating maritime economic development," Wang noted.

Wang Jing, vice president of the Guangdong High People's Court, highlighted the 1997 case of the Singaporean vessel Haicheng, which spilled oil in Zhanjiang waters, causing the most serious crude oil pollution in the area. The court upheld the claim made by the local administrative body on behalf of the state and ruled that the ship should be held liable, marking China's first public interest litigation on ecological and environmental pollution.

The SPC has issued judicial interpretations and guiding cases over time, contributing to the continuous enrichment and development of the legal framework for compensating marine ecological environmental damage in judicial practice.

"An increasing number of parties involved in cases with no direct connection to China have voluntarily chosen the jurisdiction of China's maritime courts, underscoring the credibility and growing influence of China's maritime justice system," Zhang noted.

In 2023, the Beijing Convention on the Judicial Sale of Ships was opened for signing. As the first international maritime convention adopted by the United Nations General Assembly to be named after a Chinese city, it exemplifies the active participation of China's courts in shaping international maritime rules, said Zhang.

As the largest trading country in the world, China relies on maritime transport for its 95 percent trade in goods.

"The China Ocean Shipping Group has witnessed and experienced how China's maritime trials have protected the legitimate rights and interests of both Chinese and foreign parties and maintained the order of the shipping industry over the past 40 years," said Zhu Bixin, director and general manager of the group and a member of the National Committee of the Chinese People's Political Consultative Conference.

"As global supply chain risks grow, maritime trials are crucial for applying China's expertise and leading the development of new international shipping rules," said Zhu.

Huang Wei, deputy director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, highlighted that the committee has enacted key maritime laws, including the Maritime Law, the Special Maritime Procedure Law, the Marine Environmental Protection Law and the Maritime Traffic Safety Law to provide a solid legal foundation for China's maritime trials.