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International Journal of Frontiers in Sociology, 2022, 4(12); doi: 10.25236/IJFS.2022.041218.

Realistic Dilemma and Improvement Path of Maritime Injunction

Author(s)

Di Xiaoxu

Corresponding Author:
Di Xiaoxu
Affiliation(s)

Shandong University of Finance and Economics, Ji’nan, China

Abstract

In China, the maritime injunction system has been in operation for more than 20 years since the entry into force of the "Special Maritime Procedure Law of the People's Republic of China " ( hereinafter referred to as the " Maritime Procedure Law " ). It is a creative provision for the preservation system of civil procedure law, which is applied to the field of maritime practice and aims to protect the legitimate rights and interests of applicants in " emergency situations. " Based on the discussion of the nature and function of maritime injunction, this paper makes an empirical study on the data of maritime injunction judgment documents and typical cases of maritime injunction in the past three years, analyzes the problems existing in the specific application of the system in current maritime disputes from the current situation of practice, and puts forward some suggestions on the constituent elements and procedure setting of the application of maritime injunction system.

Keywords

Maritime injunction; Maritime disputes; Prevent damage; Program settings

Cite This Paper

Di Xiaoxu. Realistic Dilemma and Improvement Path of Maritime Injunction. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 12: 106-112. https://doi.org/10.25236/IJFS.2022.041218.

References

[1] Peng Yang. On the legal nature of maritime injunction and the judicial renewal of its applicable conditions [J].Research on Chinese Maritime Law, 2017,28 (01) : 52-59 + 76.

[2] Ni Xuewei. Legal nature of maritime injunction [J].Pearl River Shipping, 2007 (08) : 34-36.

[3] Wang Zhengyu. Using maritime injunctions to counter extraterritorial maritime injunctions [J]. China Ocean Shipping, 2021 (12) : 80-83.

[4] Guan Zhengyi, Wang Lin. On the improvement of the legal system of maritime injunction [J].Journal of Liaoning University (Philosophy and Social Sciences ), 2015,43 (02) : 98-103.

[5] Liu Yan. Suggestions on improving China 's maritime injunction system from a judicial perspective [J].China Maritime Law Research, 2020,31 (03) : 64-71.