Applying the “Fengqiao Experience", which advocates for dispute resolution among the people, Haikou Maritime Court held a circuit trial in Tanmen Town on 10 July to address a marine insurance contract dispute. The trial sought to deepen public understanding of the rule of law and raise legal awareness, supporting the goal of transforming Tanmen into a “lawsuit-free fishing port”. The trial was attended by over 30 observers, including NPC Deputies and CPPCC Members of Qionghai city, party members and officials from the Tanmen township government, as well as local fishermen.
In the case, a Tanmen fisherman, Mr. He, had been employed by the plaintiff, an offshore fishing company in Hainan. On 23 November 2023, Mr. He suffered a fit of illness when working at sea on a fishing boat owned by the plaintiff. As the boat was not equipped for emergency medical relief, the captain called for marine rescue. At 0400hrs on 24 November, coordinated by the local Maritime Safety Administration, Mr. He was transported to a nearby hospital by the Coast Guard for first aid. Unfortunately, he died despite rescue efforts. Prior to the incident, the plaintiff had taken out a comprehensive fishery employer’s liability insurance with the defendant, a P & I club. Following the incident, the plaintiff made a claim under the insurance policy. The defendant declined the claim on the grounds that Mr. He’s rescue time started from the onset of his illness and that, so measured, the rescue time exceeded the time stipulated in the insurance contract, and therefore was not within the coverage.
Focused on the disputed issue, the judge organized a court investigation and debate, allowing both parties to fully express their views. With the court’s facilitation, the parties eventually reached an agreement on the compensation amount and signed a mediation agreement in court.
The handling judge explained that the circuit trial was held at Tanmen Center Fishing Port so that local fishermen, during the fishing off-season, could attend and observe the trial. This aimed to promote the rule of law and raise legal awareness in the area. Bo’ao Tribunal of Haikou Maritime Court will follow up on the fulfillment of the court mediation statement.
The NPC deputies and the CPPCC members in attendance have shared that personal injuries at sea are not uncommon among Tanmen fishermen during their offshore fishing trips. This case is representative of typical issues in the grassroots governance of fishing villages and ports. Holding the public trial at Tanmen Center Fishing Port allowed the NPC deputies, the CPPCC members and the general public to engage closely with the court. This gave the deputies and the members an opportunity to understand and oversee the court’s work, in turn promoting fairer and more just judicial trials.
Parties involved in cases concerning liability for personal injuries at sea are mostly fishermen and crew members, who often have limited awareness of the law and the significance of evidence. After the trial, the judges offered specific legal education and guidance to the observing fishermen on the division of liability for personal injuries at sea and important considerations for making claims, using the day’s case as a reference. This approach helps to resolve disputes at their root.