July 1, 2023 coincides with the 30th anniversary of the implementation of the "Sea Commercial Law" in my country。This epoch -making law has ended the history of my country's no dedicated to sea merchants，The right to protect the parties，Maintenance of the country's economic interests，Promote my country's international shipping、International Trade、Development of national economic development，It has played an irreplaceable role。By reviewing the past of the formulation and implementation of the "Sea Commercial Law"，Can better look forward to the future and promote the revision and improvement of the "Sea Commercial Law"，to help the implementation of the "Belt and Road" construction and the implementation of marine power strategies。

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1951 at the beginning of the founding of New China，Original Tongtong Hanedia started the drafting work of "Sea Commercial Law"，Until 1992, "Sea Commercial Law" voting passed，Live for more than 40 years，The wisdom and hard work of several generations of sea merchants in my country。Its legislative process can be roughly divided into four stages。

First，Drafting the exploration stage (1951-1963)。The important role of the shipping industry on the development of the national economy，In 1951, the Drafting Committee of the Sea Commercial Law Drafting Council, which was led by the former Ministry of Jiaotong, led the Ministry of Jiaotong。The committee is based on the appropriate reference to the arrangement of the Soviet Sea Commercial Law Chapters and Claims，After many studies、Discussion and modification，By 1963, the "Laterings of the Sea Business Law Draft" and reported to the relevant departments for review。

Second，Drafting and recovery stage (1981-1989)。After reform and opening up，my country's economic system transitions from a planned economy to a market economy。To promote the prosperity of the shipping industry、Promoting the development of international trade，The State restored the Drafting Committee of the Haishi Law in 1981，With the then deputy minister of the Ministry of Communications as the chairman，and set up the Office of the Drafting Committee composed of 9 people，Special responsible for organizing coordination and drafting work。Council of the Committee's Office、Bet365 app download Set up、Translated a large number of foreign maritime laws、Regulations，Reference refer to the relevant international maritime treaty，Determined the legislative principles of sea commercial law、Legal form and main chapter architecture, etc.，and have formed texts such as "Sea Commercial Law (Draft for Reviewing Reviews)" and "Sea Commercial Law (Draft for Review)"。To effectively promote legislative work，The State established the Sea Commercial Law Review Research Group composed of 5 people in January 1989，To carry out follow -up work。

third，The continuous advancement stage (1989-1992)。Since February 1989，The Sea Commercial Law Review and Research Group has visited China People's Insurance Company、China Ocean Transport Corporation、China International Trade Promotion Commission and other units on the spot，And with the domestic authorities、Scientific research institutions、High schools、Hong Kong Airlines Enterprise、Hong Kong Airlines Enterprise、Economic and trade enterprises, etc.。At the same time，The review and research team also sent staff to maritime -related government international organizations、Non -Inter -government International Organization、Foreign Maritime Law Firm and Experts from Foreign Maritime Commercial Law and other consultations and solicit opinions。Domestic and foreign surveys and communication at home and abroad，The review and research team formed a modified draft on March 31, 1991。Relevant departments held three demonstrations on the revised draft，Following traffic and economic and trade systems、National Maritime Court System、Opinions such as domestic civil and commercial law and international law experts，Strive to eliminate differences on multiple focus issues、Reach consensus，Finally on August 8, 1991, "Sea Commercial Law (Draft)" and submitted the National People's Congress of the National People's Congress。

Fourth，Through the effective stage (1992-1993)。June 1992，Executive Meeting of the State Council review and approve the "Sea Commercial Law (Draft)"。After the Standing Committee of the National People's Congress conducts multiple opinions on the draft review draft and coordinate the opinions of all parties，The 28th meeting held in November 1992 passed the "Sea Commercial Law" -101 Standing Committee members，98 -bit in favor、1 bit of opposition、1 bit of opposition。The law officially took effect on July 1, 1993。

In short，The legislation of "Sea Commercial Law" has gone through the difficult journey from scratch，The time of more than forty years has also bet365 live casino games condensed the hard work and wisdom crystal of several generations of sea merchants。The passing and implementation of the "Sea Commercial Law"，Not only does it open the new chapter of my country's sea business legislation，It also marks that my country has since ever with special maritime trial physical law。，The Standing Committee of the National People's Congress promulgated the "Special Procedure Law of Maritime Litigation" in 1999;、Ship collision、Maritime compensation liability limit、Foreign Foreign Maritime Litigation Jurisdiction、Ship seizure auction、 Maritime Insurance and other more than 20 judicial interpretations。So far，my country's maritime and maritime legal system basically forms。The above legislation includes both the Maritime Entrance Law，It also involves the Maritime Program Law，Not only provides legal basis for my country's maritime trial，and improved my country's maritime judicial soft power，Provided strong protection of the rule of law for the construction of the International Maritime Judiciary Center。

　　Look at the current characteristics of distinctive characteristics

To promote and ensure the overall opening of China's economy，"Sea Commercial Law" pays great attention to the actual situation that combines domestic and foreign shipping and international trade development at the beginning of the formulation，Pay attention to the balance of the interests of the ship and goods，Pay attention to absorption、Learn for relevant international treaties、International practice or foreign legislation，The above characteristics are reflected in the legislative principles and guidance ideas of the "Sea Commercial Law"。Therefore，"Sea Commercial Law" is a advanced law that meets the needs of the development of socialist market economy，It has very prominent rationality、advanced and international。

First，Reasonableness is reflected in the "Sea Commercial Law" to focus on safeguarding national interests，The practice of taking into account the development of national conditions and the development of foreign trade，A dual -track mode that is distinguished from the relevant system in international and domestic treatment。For example，The 1990s，my country is undergoing a transformation from a planned economy to a market economy，Therefore, "Sea Commercial Law" maritime cargo transportation chapter clearly stipulates that it is only applicable to international maritime cargo transportation，To adapt to our national conditions。At the same time，This chapter will still have some planned economic traces of coastal Bet365 lotto review cargo transportation excluding from the scope of applicable，When the future conditions are mature, they will be included in the "Sea Commercial Law" adjustment。Another example，In view of my country ’s intended to approve the" Maritime Passenger and its luggage transportation Athens Convention "，The treaty of the treaty for the personal casualties of passengers compared to the high level of domestic economic development and residents' income at that time，Therefore，The international and domestic dual -track system is distinguished by the international and domestic dual -track system for personal casualties，not only meet the needs of my country's future performance，Consider the actual situation of the country at that time，The idea of ​​scientific legislation reflects scientific legislation。

Next，Advancedness reflected in the "Sea Commercial Law" legislation and reference to some international maritime treaties that represent the development trend of the industry，and not limited to the approval of my country、International Treaty that has taken effect。For example，"Sea Commercial Law" seal of the sea cargo transportation contract seal has drawn on the relevant provisions such as "The Rules of the Hague", "The Rules of Visby", and "Rules of Hamburg" (the above treaties have taken effect but my country has not yet joined)，Forms a "mixed blood clause" with unique Chinese characteristics。Multiple treaties fusion、Balance the interests of all parties、Maritime Legislative Mode to take into account the actual situation of the country，It also led and influenced the formulation of the follow -up international maritime treaty。The typical typical is that my country's "Sea Commercial Law" takes effect，The United Nations passed the "Rotterdam Rules" in 2008，In terms of framework structure and content arrangement, it also reflects the integration and balance of the content of the existing effective treaties。Another example，"Sea Commercial Law" Maritime Assistance Chapter mainly refers to the 1989 International Rescue Convention that has been approved in my country but not effective at the time.。It is the advanced and forward -looking of "Sea Commercial Law"，Make sure its various systems have played a positive role in the 30 years of implementation，Continue to provide legal basis for the continuousness of my country's maritime judicial practice。

Last，International is reflected in the "Sea Commercial Law" for relatively mature international practice、Absorption and transplantation Bet365 lotto review of foreign legislation experience。"Sea Commercial Law" on the ship rental contract chapter、Sea Cargo Transportation Contract Chapter of the Navigation Tental Contracts、Sea Drag Contract Chapter、Common Sea loss chapter、Maritime Insurance Contract Chapter and other chapters，Absorption and borrowing existing mature international practice、Foreign legislation, etc.，On the one hand, it ensures that domestic legislation and international traffic are consistent，On the other hand, it also guarantees the stability of my country's sea business legislation、Foreign -related。Therefore，"Sea Commercial Law" has been praised and welcomed by all parties since the date of promulgation。China is currently the world's second largest economy，It is the main trading partner of more than 140 countries and regions，The total amount of cargo trade ranks first in the world，In the top ten container ports in the world，China occupies 7 seats。So far，China has become the international maritime organization A.，Ship sailing with a five -star red flag in more than 150 countries and regions in the world，More than 90%of import and export goods are completed by water transportation。In international trade country、Haipai big country、Paunasis、Shipbuilding Power、Behind brilliant achievements such as the big country of port，All reflect the distinctive features of "Sea Commercial Law" and international standards，It reflects the important value of "Sea Commercial Law" for escorting economic development。

Of course，With the national economy、The development of international shipping and international trade，"Sea Commercial Law" is also increasingly obvious，The actual needs of the "Belt and Road" construction and the strategic implementation of marine power in the "Belt and Road" and the strategic implementation of the marine power are already available。Current，Artificial intelligence technology is gradually applied to shipping and trade，The commercial application of unmanned ships has started，E -commerce and electronic documents are constantly emerging，Smart Port、The era of smart transportation and smart logistics has come，Green civilization、Ecological and environmental protection and shipping industry、The development of the logistics industry is related。Iteration of new technology、Development of the new business、The emergence of new legal issues，It is the situation and challenge that the current Hong Kong Airlines practice and maritime bet365 best casino games justice must face。In this case，How to protect the rights of the parties、Taking into account the interests of both parties and goods，Then maintain national interests，and promote the high -quality development of my country's international shipping and international trade，It has become a problem in the revision of the current "Sea Commercial Law"。

　　Face the future and continue to move forward

"Sea Commercial Law" has been implemented for thirty years，The national economy is stable development，The economic strength realizes a historic leap，Socialism with Chinese characteristics has entered a new era，Poverty alleviation、The historical task of building a well -off society in an all -round way has been completed。The shipping industry structure is undergoing profound changes，Some international treaties in line with it have also changed。Therefore，"Sea Commercial Law" has a revised and perfect practical needs，my country needs one more targeted、Adaptability and flexibility "Sea Commercial Law"，"Sea Commercial Law" that can maintain vitality and uniqueness for a long time。

Since 2000、After two studies before and after 2013，The Ministry of Transportation launched the "Sea Commercial Law" amendment research work for the third time in June 2017。From 2018，The revision of the "Sea Commercial Law" has been listed as the legislative plan of the National People's Congress and the annual legislative plan of the Ministry of Transport。As an indispensable component of the legal system with Chinese characteristics，The revision of "Sea Commercial Law" should strengthen basic theoretical research，Further clarify the overall thinking and path of modification，Based on the actual situation of the country，Take into account the balance of integration with international standards and the interests of all parties，This can better serve my country's shipping economy，Copy and defeat various risks and challenges，Historical mission helps to realize the great rejuvenation of the Chinese nation。

other，Self -improvement in my country's "Sea Commercial Law"、Self -update，It is not possible to ignore the process of international sea business law legislation。In the future, my country should send out more "Chinese Voice" in international legislative activities、Provide more "China Wisdom"，Realizing followers of the formulation of international rules、Participants to the leader、The transformation of the contributor。will be held in Beijing on September 5, 2023 in Beijing's "Convention on Judicial bet365 best casino games Sale of Shipping" (referred to as the "Beijing Ship Justice Sale Convention") signing ceremony，It reflects this change in our country。This is the first international maritime treaty named after the city of Mainland China，It is also a new generation of sea merchant legal persons in recent years、The results and epitome of participating in international maritime legislative activities。

Fighting Star Transfer，Years like songs。I would like to give the most lofty respect to the predecessors who made outstanding contributions to the legislation of the "Sea Commercial Law"! I also look forward to the development and improvement of the new generation of sea business legal persons in the future "Sea Commercial Law" to write a new chapter。

　　(The author is a Professor of the Law School of Sun Yat -sen University/Southern Ocean Science and Engineering Guangdong Provincial Laboratory (Zhuhai)