1999 "Special Procedure Law of Maritime Litigation" (hereinafter referred to as the "Sea Prosecution Law") stipulates the maritime compulsory order system。This is regarded as the pioneering of the system of behavior preservation lawsuit in my country。After 20 years，Under the background of building the International Maritime Judiciary Center，View the legislative operation of the system，It is found that the preservation system is still necessary to modify and improve in the jurisdiction of the court。

Maritime Compulsory Order is the application of the Maritime Court based on the request's application，Temporary compulsory measures issued by the request to avoid the infringement of its legitimate rights and interests are infringed。This measure is different from the litigation system that is enforced first，Not to ensure the smooth implementation of the judgment results，Instead of "keep the original"。If the requestant has sued the Maritime Court，Of course, the Maritime Court that accepts the case。but but，Before the requestant's prosecution or apply for arbitration，In order to avoid the behavior of the requestant's behavior, the requesting person causes incredible losses，You can apply to the court before the lawsuit。This has clearly stipulated in the "Sea Law"。The question is，Legislative provisions that can be accepted by the maritime compulsory decree before the lawsuit can only be the maritime court in the "place where maritime disputes occur"。This will limit the jurisdiction of the Maritime Court of Maritime Court of Maritime Court in practice。

In the transportation of goods at sea，Maybe before the ship arrives in the waters of my country，Bet365 lotto review Disputes have already occurred。Just after arriving at the port of our country，The person who is requested may do some behavior，For example, take a buckle、Deduction、Refusing to put goods and other behaviors。At this time，"Place of Maritime Disputes" is not in my country。Similarly，If the ship collision or maritime pollution infringement occurs outside the sea area of ​​my country，"Place of Maritime Disputes" is not in my country。But，The person who is requested may damage the legal rights and interests of the request person through a way or inaction within the scope of my country's jurisdiction，You need to stop the maritime compulsory order。Visible，It is not appropriate to limit the conditions for applying for the maritime mandatory order in the "place where maritime disputes occurred" in my country。If so，For the dispute occurs abroad，The phenomenon of maritime compulsory order in my country，my country's Maritime Court is difficult to jurisdiction。This can not effectively protect the legitimate rights and interests of the parties，It is also not conducive to expanding our country's foreign jurisdiction。

The judicial jurisdiction of a country is not just manifested as the right to trial on physical disputes，It is also manifested as the judicial rights under the jurisdiction of procedural jurisdiction of temporary measures。This is the result of a country's exercise of territorial jurisdictions，The target of temporary measures or measures that need to be taken is within the scope of the country's sovereign jurisdiction。For example，The place where the dispute occurs may not be in the country，But the parties are in the area under the jurisdiction of the country，or related behavior occurs in the country，or the "things" in the dispute are in the country, etc.。In 1968, the European Union's Bet365 app download "Civil Business Jurisdiction and Decision Convention and Execution Convention on the Jurisdiction and Civil Business Jurisdiction" and 1988 "The Convention and Executive Convention on the Jurisdiction and Jurisdiction of Lujiano Civil Commercial Business" all stipulated，The parties have the right to apply for temporary measures to the court of one country，Including preservation measures，Even if the country's courts have no jurisdiction over the substantive controversy of the case。Article 7 of the Hague "Agreement Selection of the Court" in 2005 also explicitly confirmed，The choice of the court agreement between the convention and the parties does not rule out the jurisdiction of another country to take temporary measures。Article 53 of my country's "Sea Professional Law" also has similar regulations。

In fact，For maritime disputes occurred abroad，The property that needs to take preservation measures is located in my country，According to the provisions of the "Sea Law"，It can take property preservation measures，such as a buckle、Deduction，Auction according to law，No place of dispute occurred in my country。But，In this preservation measures in the maritime compulsory order，The legislation has leaked，Increased conditions are added with surplus。In the past judicial practice，Because my country's Maritime Court is in terms of adopting maritime compulsory order measures，Be more cautious and conservative，Therefore, it is difficult to reflect the negative effect of this negative exercise of preservation jurisdiction，But from the goal of building the International Maritime Judiciary Center in my country，Not conducive to maintaining and extending our judicial jurisdiction。

Since the maritime compulsory order is a compulsory measure to be asked to be regarded as or inaction of the request，So，As long as the implementation of compulsory measures bet365 best casino games is in a country，It still meets the international law standards under the jurisdiction of the territory，It will not violate the judicial jurisdiction of other countries，It will not violate international law。So，Modify the "Place of Maritime Disputes" to "Place of Mandatory Order" more accurate，Follow the actual。

The parties apply for a compulsory order to a national court，Naturally, it is for those who are requested to be implemented in this country or the behavior that should be implemented.。When a national court decides whether to take a compulsory order measure，It will also consider whether the decision is sufficient to prevent the act of the request，Can you have judicial coercion to the executed person。Only in the country in the country，When it is within the scope of the court's judicial jurisdiction，The mandatory order can produce a real mandatory effect。Visible，The "Place of Mandatory Ordering" standards are more clear and effective，No phenomenon of judicial jurisdiction in another country。

From the current judicial practice，Maritime compulsory orders are mostly required to be requested not to deduct the boat、No goods are allowed、Do not drive the ship away from a port, etc.。The object of this compulsory measure is a behavior located within the jurisdiction of the court，No matter where the dispute between the parties happens。So，Using the "Place of Mandatory Order" is conducive to the court to determine whether it belongs to its own jurisdiction，No jurisdiction conflicts with other courts，It has better operability。Even for the compulsory measures required to be requested as a request，The court can review and judge whether the implementation of mandatory behavior is within its jurisdiction。

Adopting the "Place of Mandatory Order" standard is conducive to the jurisdiction of mandatory preservation measures in my country'bet365 Play online games s courts to exercise compulsory preservation measures in my country。Maritime disputes may not only occur in the waters or ports of a country，It may also happen in the Gonghai and even foreign。The parties may not only be in court lawsuits in the place where the dispute occurred，You can also jurisdiction over the agreement、Litigation or arbitration in other national courts，But if the courts in other countries issue a compulsory order，The request for the request must not be used as or inaction in our country，It may violate my country's jurisdiction。Turn in turn，If the court of other countries considers the jurisdiction of my country's jurisdiction without issuing a compulsory order，may cause losses of the legal rights and interests of the requestant。Visible，Adopting the "Place of Mandatory Order" standard is conducive to maintaining my country's judicial jurisdiction。

Judicial jurisdiction is the primary content of the construction of maritime and rule of law in foreign affairs。External temporary measures jurisdiction and jurisdiction of physical disputes are equally important，Two out -of -unit components that jointly constitute the jurisdiction of foreign -related judicial jurisdictions。August 2016，The Supreme People's Court announced the "Provisions on Several Issues of Cases in Cases in the Underworld of my country (1)" and "Regulations on Several Issues of Cases in the Sea in my country (2)" explain。This is a breakthrough in the concept of territorial sovereignty、Actively expands the important manifestations of our jurisdiction in my country。

For a long time，In people’s ideas，More or less mistakenly use the scope of territory as the national exercise of sovereignty、Mixing Mixing Sovereignty with Jurisdiction。This conservative and inconsistent thinking limitation of international law is limited to restricting the country's influence that my country has exerts a large country.。National Bet365 app download sovereignty needs to pass legislation、Administrative jurisdiction and judicial jurisdiction are reflected，instead of sovereignty to exercise legislation、Administrative jurisdiction and judicial jurisdiction。In the area without complete sovereignty，The country may also enjoy some exercise legislation、Power of administrative jurisdiction and judicial jurisdiction。For example，Article 56 of the Convention on the United Nations Marine Law，In the exclusive economic zone，Although coastal countries do not enjoy complete sovereignty，But enjoy economic sovereign rights，You can exercise legislation in order to develop and use marine economic resources、Administrative Management and Judicial Jurisdiction。

But，While paying attention to the jurisdiction of physical disputes，It should also strengthen the jurisdiction construction of preservation measures or temporary measures。Both are organic components of national jurisdiction。In recent years，Fierce competition between judicial jurisdiction between countries。Ban prohibition order、Anti -banning order prohibits the parties from prosecuted with other national courts，The phenomenon of maintaining the jurisdiction of the country has repeatedly occurred。Anti -banning order prohibits the parties from prosecuted with other national courts，It is required that one party shall not file a lawsuit with the same case in the same case。Correspondingly，my country should also be legislative，For mandatory preservation measures that need to be taken in our country, exercise judicial jurisdiction。As for the maritime disputes between the parties, it is not important。

Through full exercise of preservation measures jurisdiction，It is also conducive to the jurisdiction of my country to obtain physical disputes on foreign maritime cases。If there is no jurisdiction agreement or arbitration agreement between the parties，Nor did I sue to a foreign Bet365 app download court after obtaining a compulsory order，Then the parties can sue to the Chinese Maritime Court of the Chinese Maritime Court that has made a coastal order。my country's Maritime Court that makes this compulsory measure can obtain jurisdiction。

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