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We Issue 26 Opinions on Serving and Supporting the Building of Hainan Free Trade Zone (Port)
  Updated:2019-10-17 22:36:06 print size: big | general | small

On the morning of 13 November 2018, Haikou Maritime Court held a press conference to release the Opinions of Haikou Maritime Court on Serving and Supporting the Building of Hainan Free Trade Zone and Free Trade Port with Chinese Characteristics (hereafter the Opinions).

At the conference, Jian Wancheng, spokesman, member of the Leading Party Members' Group and vice president of the court, and judge Zhang Yifang respectively gave an outline of the court as well as the background, purpose and main contents of the Opinions.

The Opinions were composed of 26 items setting out the guiding idea, basic principles, function positioning and specific measures of supporting the building of Hainan free trade zone (port) with maritime judicial services. Measures included a deeper understanding of the significant mission of maritime justice, full exercise of maritime trial function, exploring innovations in maritime trial proceedings, perfecting maritime trial procedures, and providing quality and efficient judicial services.

The Opinions pointed out that as oceans enjoyed a steadily rising strategic position, maritime courts played an increasingly prominent role. Under the new historic conditions, maritime justice faced new major opportunities as well as new challenges. It was important to fully understand the significant role of maritime trial in serving the country’s key strategies and the realistic position of Haikou Maritime Court as a main force and pioneer in the building of Hainan free trade zone (port). It was also important to provide better-targeted and more efficient maritime judicial services in support of the building of Hainan free trade zone (port).

With regard to the full exercise of maritime trial function, the Opinions indicated that the court should strengthen maritime jurisdiction based on maritime characteristics. Centring on the building of Hainan free trade zone (port), attention should be paid to resolving disputes in six major areas, which were ocean-related tourism, shipping vessels, development of marine resources, development of coastal zones, marine environment protection, and maritime administration. Effective maritime jurisdiction should be ensured to create safe and orderly rule of law in support of the growth of marine economy, protection of marine ecosystem, and protection of the country’s marine rights and interests.

In terms of exploring innovations in maritime trial proceedings, the Opinions proposed appointing Hong Kong, Macao and Taiwan residents as people’s assessors, and inviting foreign nationals to be specially invited mediators; cases involving foreign, Hong Kong, Macao or Taiwan elements may be handled through summary proceedings if facts were simple and legal relationships were clear in the cases; as regards oversea litigants, general identification and authorization would be accepted; a system would be set up to ascertain foreign laws; the means of serving judicial documents would be optimized.

As regards providing quality and efficient judicial services, the Opinions stressed that the court would carry on collective research and make extra efforts to conduct prospective study of new situations and problems that might be caused by the pilot policy of building Hainan free trade zone (port). Various training would be provided, and judges would be supported in participating in international exchanges to broader their horizons and competency to cope with international affairs. The pilot polices on talent introduction and civil servant employment would be fully utilized to complement the staff based on actual demand. The court’s information system would be optimized to continuously enhance the judicial transparency.

After the press conference, Xu Yahui, secretary of the Leading Party Members' Group and president of the court, gave an interview to the media about how to implement the Opinions. He indicated that in order to carry through the spirit of the keynote speech delivered by General Secretary Xi Jinping on 13 April, the court would earnestly follow the national strategies and made major efforts in the following three areas: first, raising political awareness, staying highly conscious of the bigger picture, and persevering with the responsibility of guarding the country’s southern gate. Second, based on maritime characteristics, giving priority to the court’s exercise of jurisdiction over the country’s jurisdictional waters and paying close attention to cases in relation to international shipping, ocean-related tourism, damage to marine environment and other areas that would affect the building of Hainan free trade zone (port). Third, broadening international horizons, building an elite trial team proficient in foreign-related trials, and comprehensively improving maritime trial practices in order to provide strong support for the building of Hainan free trade zone (port).

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