In order to continuously and deeply optimize the marine business environment under the rule of law, provide better services and ensure the high-quality development of marine economy in Qingdao and Shandong Province, Qingdao Maritime Court held a press conference on the morning of January 14, publicly released ten opinions and ten typical cases on optimizing the marine business environment under the rule of law, and introduced the background, main contents and prominent characteristics of the formulation and promulgation of the opinions.
As a maritime dispute settlement mechanism, the maritime court plays a unique and irreplaceable role in the construction of marine power, marine province and global marine central city. Qingdao Maritime Court formulated and issued ten opinions on optimizing the marine business environment under the rule of law and issued typical cases, aiming to benchmark the best level at home and abroad, improve the service capacity under the rule of law and promote the high-quality development of marine economy around the goal of “striving to make the people feel fairness and justice in every judicial case”.
The ten opinions released this time have four characteristics: highlighting efficiency and convenience, openness and transparency, dynamic service and high-quality development. Among them, in terms of efficiency and convenience, the Qingdao Maritime Court made it clear in the ten opinions issued this time that a general authorization and recognition mechanism for litigation agency should be established to improve the trial efficiency of foreign-related maritime and maritime cases; We should strengthen mediation before litigation and raise the ratio of resolving disputes one time at a time. Hear bankruptcy cases involving shipping enterprises according to law, and effectively improve the auction transaction rate and property realization rate. In terms of openness and transparency, Qingdao Maritime Court has made it clear that it will disclose maritime judicial information according to law and take the initiative to accept supervision; Standardize the process of ship arrest and auction, and realize the transparent, efficient and cost controllable process of arrest and auction.
The ten typical cases released this time cover sea related financial loan contracts, ship mortgage loan contracts, marine insurance brokerage contracts, marine cargo transportation contracts, far-reaching marine aquaculture equipment construction contracts, crew labor contracts, pre litigation arrest of ships and other types of cases, as well as the construction of a new model of diversified dispute resolution in maritime justice Typical examples such as the implementation of good faith and civilization to promote the transformation and upgrading of port and shipping enterprises comprehensively reflect the functional role of maritime justice in optimizing the marine business environment under the rule of law, help to enhance the awareness of marine rule of law of port and shipping enterprises and the people, standardize the marine economic order, and improve the credibility of maritime justice and the soft power of marine rule of law.
Link: ten typical cases of optimizing the business environment
I. dispute over financial loan contracts between Guangxi Branch of an asset management company of China and a aquatic product company in Qingdao and a marine industry company in Shandong
— standardize the external guarantee behavior of market entities according to law and maintain the order of the financial market
[Key words] financial loan contract atypical guarantee supplementary liability
[basic case]
The plaintiff, Guangxi Branch of an asset management company in China, transferred the creditor’s rights under the loan contract with an aquatic product company in Qingdao from Qingdao Branch of a Bank Co., Ltd. a aquatic product company in Qingdao mortgaged its two sea area use rights, and Peng and LV pledged their respective equity interests in an aquatic product company in Qingdao and assumed joint and several liability guarantee. A marine industry company in Shandong promises that if an aquatic product company in Qingdao fails to repay the loan principal and interest as agreed, it will purchase the mortgaged sea area use right or pledged equity at a price not lower than the outstanding loan principal and interest, and the purchase funds will be paid to the special repayment account opened by an aquatic product company / shareholder in Qingdao in a bank within 10 working days after triggering the acquisition conditions. A aquatic product company in Qingdao breached the contract.
The focus of this case is the responsibility identification of a marine industry company in Shandong. The meaning of the letter of commitment is true and effective. It integrates the four dimensions of purchase price, conditions, subject matter and payment conditions. It is the obligation to make up the difference between the outstanding principal and interest under the appearance of “acquisition”. It is subordinate to the main loan contract and ensures the realization of the main contract, which improves the liquidity and solvency of loan collateral and pledge. A marine industry company in Shandong shall be liable for supplementary compensation for the unliquidated part of an aquatic product company in Qingdao and the above guarantee.
[typical]
With the activity of the financial market, the credit enhancement measures provided by the third party are widely used in practice. They are welcomed by the market subjects because of their flexibility. In this case, the loan contract involved both the mortgage guarantee of the debtor, the pledge guarantee of the shareholder’s equity of the debtor, and the guarantee of joint and several liability of the shareholders. As a commercial institution specializing in financial services, banks are in an advantageous position in financial loan business activities, have more professional knowledge, have strong contracting ability, and have the ability to clarify the legal relations, rights and obligations of all parties. They should have more professional experience in reviewing credit extension, and should bear the consequences of unclear agreement and adverse interpretation by the court. At the same time, in order to clarify the rights and obligations of all parties, facilitate the execution of the case, and balance the protection of the rights and interests of creditors and a marine industry company in Shandong, the court determined that a marine industry company in Shandong should bear supplementary liability for compensation. The case has a strong typical significance for standardizing the external guarantee behavior of market subjects according to law and maintaining the order of the financial lending market. The case has achieved good social results, and many parties serve the interest litigation in the first instance.
II. Dispute over the construction contract of “shenlan-1” cage
— clarify the construction problems of new aquaculture equipment and help optimize the business environment of deep and open sea aquaculture
Contract liability for breach of contract, delay in delivery, responsibility sharing, post judgment mediation
[basic case]
The “dark blue No. 1” Yellow Sea cold water mass culture project is a major project of the national deep and open sea green culture pilot zone and the National Marine pasture demonstration zone in Shandong Province. It is also the first initiative of China to carry out large-scale salmon culture in open sea areas. As the core of the project, “deep blue one” is the world’s largest and China’s first fully submersible deep-sea aquaculture equipment. At the end of May 2018, “deep blue 1” was undocked and two tilting accidents occurred during towing; After the first batch of salmon fry were put into operation, the net clothes of the cage were damaged and some fry escaped from the cage. With regard to the construction quality of “shenlan-1”, after the negotiation between the investor and the developer failed, the investor filed a lawsuit with Qingdao Maritime Court, asking the developer to compensate for various losses totaling 120 million yuan. The developer immediately filed a counterclaim, asking the investor to continue to perform the contract and pay the unpaid project funds and repair costs of more than 40 million yuan.
In order to ensure the quality and effectiveness of the case, Qingdao Maritime Court tried the case and counterclaim together according to law. After two pre-trial evidence exchanges and six court sessions, it finally decided that the developer should compensate the investor for all losses and appraisal fees of RMB 46 million and pay interest, and the investor should pay the developer arrears of RMB 16 million and interest. After the original judgment of the case was upheld in the second instance, the parties reached a settlement on the basis of the judgment of Qingdao Maritime Court and automatically fulfilled it.
At the end of June 2021, the first batch of domestic deep-sea salmon in “deep Blue-1” cage was successfully cultured and harvested.
[typical]
This case is a typical case by clarifying power and responsibility, resolving disputes and resolving disputes and promoting major projects. The typical significance lies in: first, it clarifies the causes of “deep blue No. 1” series accidents, explores the upgrading and transformation points of cage construction technology, and provides experience and reference for subsequent cage construction. Second, considering the prototype nature of “dark Blue-1” cage itself, reasonably divide the responsibilities of both parties and encourage the developer to continue to improve the cage process. Third, actively exploring the mode of post mediation mediation provides a possibility for the two sides to continue their cooperation.
The successful settlement of the case has enabled the smooth progress of the “dark blue No. 1” project and helped to optimize the business environment of deep-sea aquaculture.
III. dispute over ship mortgage loan contract between German shipping loan bank and a company
— actively carry out humanitarian relief and equally protect the legitimate rights and interests of Chinese and foreign parties
[Key words] foreign law is applicable to foreign-related cases, crew repatriation and equal protection
[basic case]
Since April 30, 2020, seven foreign parties including Germany and Sweden and one Hong Kong company have applied to Qingdao Maritime Court for the seizure of Liberian “Sam lion”. The ship owner failed to provide guarantee within the legal time and finally abandoned the ship. German shipping loan bank filed a lawsuit to Qingdao Maritime Court and applied for auction of the ship. The above 8 parties and 21 foreign crew members of “Sam lion” applied to Qingdao Maritime Court for arrest of the ship and filed a lawsuit, or applied for maritime creditor’s right registration and filed a right confirmation lawsuit, involving more than US $20 million.
In the first instance judgment of Qingdao Maritime Court, a company repaid the principal, interest and default interest owed by the German shipping loan bank, totaling USD 17134455.69; Confirm that the German shipping loan bank has the mortgage right on the “Sam lion” round and has the priority to be repaid from the auction sale price of the round. After the judgment was rendered, neither party appealed. The remaining cases involving insurance contracts, ship materials and spare parts supply contracts and the confirmation of the right to wages of 21 crew members have been confirmed according to law. The wages of the 21 crew members belong to the ship priority and have the priority to be paid from the auction price of the ship. The ship involved in the case was successfully auctioned through the judicial auction network with a premium of RMB 67.836 million, with a premium rate of 20%.
[typical]
This case is characterized by the fact that both parties are all involved in foreign affairs. 7 applicants and plaintiffs are overseas parties, 1 are Chinese mainland parties, 21 are all foreign sailors, and the dispute cases are not connected with mainland China. The applicant chose to apply for arrest of ships in Qingdao maritime court and bring up a lawsuit in Hongkong. It means that the parties take the initiative to choose Qingdao Maritime Court to deal with their disputes. Some applicable laws for handling litigation cases apply foreign laws in accordance with the agreement, and some choose Chinese law in the process of case trial. Qingdao Maritime Court accurately applied the agreed applicable law and equally protected the legitimate rights and interests of all parties.
Qingdao Maritime Court also overcame the impact of epidemic prevention and control and ship owner abandonment, actively carried out humanitarian assistance to 21 foreign crew members, paid part of the crew’s wages in advance, solved the ship supply and the crew’s daily life and medical needs, and properly resettled and successfully repatriated all foreign crew members through multi-party communication and coordination, He was highly praised and sincerely thanked by the embassies of Ukraine and the Philippines.
The proper handling of the “Lion” series of cases is a beneficial exploration for Qingdao Maritime Court to create a preferred place for international maritime dispute resolution, fully reflects the recognition and trust of foreign parties in China’s maritime justice, demonstrates the international credibility of China’s maritime justice, and is the guarantee of maritime judicial services, expanding opening to the outside world Continuous and in-depth optimization of the international business environment.
IV. dispute over maritime cargo transportation contract between a Qingdao company and a French shipping group, a shipping (China) Company and a shipping (China) Company Qingdao Branch
— accurately apply international conventions and stabilize the expectations of the main players in the international shipping market
[Key words] release without bill of lading carrier’s exemption
[basic case]
A company in Qingdao entrusted a French shipping group to ship the goods to Spain, and a shipping (China) Company Qingdao Branch issued the original bill of lading on its behalf. A French shipping group unloaded at the port of Valencia, Spain, and delivered it to the consignee. A company in Qingdao, as the shipper recorded in the bill of lading, did not receive the payment, but still held a full set of original bills of lading. Subsequently, a company in Qingdao told a French shipping group and other three to the Qingdao Maritime Court for compensation for the loss of payment for goods on the grounds of delivery without bill of lading.
A French shipping group argued that its delivery of goods was based on the certificate of loss or theft of the bill of lading (hereinafter referred to as the certificate) issued by the notary office of Valencia, Spain. The certificate stated that the consignee applied for cancellation of the validity of the bill of lading involved and provided corresponding guarantee. According to the legal opinion issued by the Spanish practicing lawyer, the certificate is made in accordance with the Spanish maritime regulations. Even if the consignee does not have the original bill of lading, the carrier has no choice but to deliver the goods.
After hearing, Qingdao Maritime Court held that the certificate was an effective instrument made in accordance with Spanish law. According to the requirements of the certificate, a French shipping group, as a carrier, must deliver the goods to the consignee after they arrive at the port of destination. It meets the exemption specified in Article 51 of the maritime law and shall not be liable for compensation according to law. Therefore, the judgment rejected the plaintiff’s claim.
After the judgment was made, neither party filed an appeal, and the judgment has entered into force.
[typical]
This case is a typical case of equal protection of the legitimate rights and interests of Chinese and foreign parties through reasonable interpretation of Chinese law. From the perspective of the original legislative intention, Qingdao Maritime Court held that the delivery of goods by the carrier in accordance with the effective document issued by a foreign notary office belongs to the situation specified in paragraph 2 (g) of Article 4 of the Hague Rules, and then gave a reasonable interpretation of Article 51 of China Maritime law, supporting the defense of foreign carriers. Both the recognition of foreign effective instruments and the reasonable interpretation of China’s maritime law with reference to the Hague Rules reflect the attitude of Qingdao Maritime Court to protect the legitimate rights and interests of Chinese and foreign parties according to law, and its determination to use maritime trial to help maintain a fair and just international trade order and build a market-oriented, international and legal business environment.
V. dispute over insurance brokerage contract between a shipping company in the British Virgin Islands and an insurance brokerage company in Shanghai
– give full play to the guiding function of maritime judicial adjudication on cross-border insurance brokers and standardize the order of the insurance market
[Key words]
Cross border insurance brokerage maritime judicial judgment guidance function maritime judicial standard supply
[basic case]
A shipping company insured with an insurance Co., Ltd. Qingdao branch through an insurance brokerage company in Shanghai. Because the insurance brokerage company did not inform the insurance company of the sanctions imposed by the overseas asset control office of the U.S. Department of finance, a shipping company was unable to obtain compensation from the insurance company after a ship accident. A shipping company sued an insurance Co., Ltd. Qingdao Branch. After losing the lawsuit, it sued an insurance brokerage company in Shanghai. Qingdao Maritime Court held that the insurance brokerage company should know the importance of sanctions to the ship insurance contract. Instead of disclosing to the insurer, it emphasized the payment of premium. There was a fault. As a party to the insurance contract, the shipping company should know the legal consequences of the sanctions clause. It was also at fault if it did not handle it carefully. Qingdao Maritime Court decided that the standard of duty of care of insurance brokerage companies was higher, and decided that they should bear 70% of the primary responsibility and shipping companies should bear 30% of the secondary responsibility.
After the first instance judgment, an insurance brokerage company in Shanghai refused to appeal, and the provincial court rejected the appeal and upheld the original judgment. After the judgment came into effect, an insurance brokerage company in Shanghai automatically fulfilled its payment obligation.
[typical]
This case one belt, one road factor, is caused by an accident caused by an accident of a foreign vessel sailing to China from Philippines. Shipping industry is a very important pillar industry in international business activities. It is a risky industry. Mature international shipping centers have developed marine insurance and insurance brokerage business. Insurance brokerage companies, especially cross-border insurance brokerage companies, shall, based on their professional knowledge and experience, effectively understand the actual needs of the applicant, select correct and appropriate insurance products for the applicant, disclose information according to law and fulfill their obligations of diligence. This case adheres to the principle of equal protection, accurately identifies the fault of the applicant and the insurance brokerage company, and determines its high liability proportion based on the professional advantages of the insurance brokerage company.
It not only protects the legitimate rights and interests of the claimant in the case, but also gives play to the guiding function of maritime judicial judgment on insurance brokerage behavior, actively provides maritime judicial standards for the development of marine economy, and promotes the standardized operation and healthy and orderly development of cross-border insurance brokerage industry, which is of positive significance to standardize the order of insurance market and optimize the business environment.
Vi. a Qingdao insurance company v. a Panamanian shipping company and a Singapore shipping company for cargo damage under the maritime cargo transportation contract
— improve the quality and efficiency of foreign-related cases and international credibility, and help optimize the business environment of shipping economy
[Key words] British expert witness cross-border remote testimony foreign-related cases trial quality effect international credibility
[basic case]
On January 31, 2019, the “Eagle” owned by a shipping company in Panama and leased by a company in Singapore transported 54178 metric tons of Brazilian soybeans to China Qingdao Port International Co.Ltd(601298) . After joint inspection before unloading, it was found that the soybeans on the surface of the cargo hold were obviously mildewed. An insurance company in Qingdao obtained the right of subrogation after paying the consignee according to the insurance contract. It believed that the mildew was caused by the failure of timely and effective ventilation, and requested to order the two defendants to compensate for the losses according to law. The two defendants held that the damage was caused by excessive moisture of soybeans and Qingdao Port International Co.Ltd(601298) delay in unloading. The Qingdao Maritime Court organized Chinese expert witnesses to appear in court for questioning and British expert witnesses to testify cross-border and remotely. It found that the cause of the damage was related to the quality of soybeans, improper ventilation and delay in unloading. It ruled that both parties should bear 50% of the responsibility. After the judgment, both parties accepted the judgment without appeal, and the defendant a Singapore shipping company automatically fulfilled its payment obligation.
[typical]
This case is a complex dispute over soybean cargo damage under foreign-related maritime cargo transportation contracts involving China, Panama, Singapore, the United Kingdom, Brazil and other countries. One belt, one road, is a guarantee for justice in the case. Qingdao Maritime Court innovated the trial mode, and for the first time adopted the remote video mode to allow British expert witnesses to testify in court and accept the questions of both parties. The whole trial spanned half the world, and the cross-border connection was smooth and barrier free throughout the whole process, which laid the foundation for the identification of the facts of the case and achieved good results. Maritime cases are foreign-related, highly professional and cross regional. The application of remote trial is widely practical and forward-looking, effectively solves the problems such as difficulty in obtaining evidence outside the territory and long time-consuming notarization and certification, and ensures the fair and fair treatment of Chinese and foreign parties. This innovation reflects the continuous exploration of Qingdao Maritime Court to improve the professional litigation service level and strengthen the construction of internationalization, specialization and intelligence, so as to improve the trial quality and efficiency of foreign-related cases. At the same time, the damage of imported soybeans often involves foreign ship owners, bareboat charterers, large-term charterers, small-term charterers, voyage Charterers and other legal subjects under a series of charter parties. The service judgment and interest litigation in this case means that the judgment rules of the Chinese court have been recognized by more foreign companies except the parties, and the international credibility of China’s maritime justice has been improved, It is of positive significance to optimize the business environment of shipping economy.
VII. Five crew members including Wang sued a Qingdao aquatic products Co., Ltd. for disputes over crew labor contracts involving covid-19 pneumonia
– accurately apply the civil code to maintain the economic order of Pelagic Fisheries
[Key words]
Covid-19 civil code applicable to the right to life and the right to health
[basic case]
Wang and other five crew members were employed by aquatic products companies to engage in marine fishery production in Senegal. After the outbreak of covid-19 pneumonia in Senegal, the government once declared a state of national emergency, and the local crew can get on and off the ship freely after the ship arrives at the port, which may lead to the spread of the epidemic, so the crew proposed to terminate the contract with the aquatic products company, and left the ship and returned to China without the consent of Kaihang company. The crew sued and asked the aquatic products company to pay wages, foreign accommodation expenses, return air tickets and Chinese isolation expenses; The aquatic products company counterclaimed and asked the crew members to pay liquidated damages and air tickets abroad. Based on the background of the case at the early stage of the outbreak of covid-19 pneumonia, the Qingdao Maritime Court correctly applied the provisions on the right to life and health in the civil code on the basis of the labor contract signed by both parties and the crew’s fear and concern about the outbreak of covid-19 pneumonia, and determined that the legal value of the right to life and health was higher than the ordinary creditor’s rights based on the contract, It is deemed that the crew members have legitimate reasons for requesting the termination of the contract on the ground that the aquatic product company does not provide a safe production environment, and it is judged that the aquatic product company shall bear the corresponding expenses. After the aquatic products company refuses to accept the appeal of the judgment of first instance, the judgment of second instance shall be upheld.
[typical]
This case is a typical case of accurately applying the civil code and safeguarding the legitimate rights and interests of crew members according to law. Although this case is a civil dispute caused by legal facts before the implementation of the civil code, in order to better protect the legitimate rights and interests of both parties, better maintain the economic order of offshore fisheries and better promote the socialist core values, Qingdao Maritime Court accurately applies the civil code and reasonably adjusts the rights and obligations of enterprises and crew members, which not only reflects the value orientation of putting life and health first, It has also played a role in regulating the healthy development of Pelagic Fisheries. It is conducive to continuously optimizing the business environment, stimulating the enthusiasm of crew members, stabilizing social expectations, forming a good industrial governance pattern and high-quality development of pelagic fishery economy.
VIII. Case of arrest of ship before the lawsuit of “Crystal Palace”
— resolve foreign-related disputes with high efficiency and quality, and create a preferred place for international maritime disputes
[Key words]
The foreign-related ship owner chooses to apply Chinese law and detain the Panamanian ship “Crystal Palace” before litigation
[basic case]
In June 2020, a company in Hong Kong signed a bauxite sales contract with a foreign bauxite supplier company, which agreed that a company in Hong Kong as the buyer would purchase 60000wmt bauxite from a foreign bauxite supplier company, open a letter of credit and pay. Subsequently, the “Loulan” ship loaded bauxite at camsar port, Guinea. The ship flew the flag of Panama. The actual owner was a shipping company limited in Japan. The carrier issued a full set of original bills of lading. A company in Hong Kong paid all the money and obtained a full set of original bills of lading. The ship “Loulan” unloaded at Caofeidian and the goods were taken away without the original bill of lading. So far, a Hong Kong company, as the legal holder of the bill of lading, has suffered nearly US $2.7 million in payment and other losses. On May 20, 2021, a Hong Kong company requested the arrest of the sister ship “Crystal Palace” of “Loulan” belonging to a Japanese Shipping Co., Ltd., which was flying the flag of Panama. The presiding judge arrived at Dongjiakou port on the same day and detained the “Crystal Palace” ship. The ship owner provided guarantee on June 3, and the ship arrest was lifted on that day.
[typical]
One of the characteristics of the Crystal Palace round case is that the case involved is the main body of the Hong Kong and foreign related parties. One party is a Hongkong company, one is a Japanese company, and the other is a Panama steamship. The dispute itself has no connection with the Chinese mainland. The applicant is based on China’s Maritime Procedure Law and the relevant judicial interpretation. According to Article 19 of the Special Maritime Procedure Law of the people’s Republic of China, Qingdao Maritime Court has obtained jurisdiction over litigation cases by arresting ships, which means that the parties take the initiative to choose Qingdao Maritime Court to deal with their disputes.
Another feature of the “Crystal Palace” case is to give fair and just treatment to the Orient of ships involving Hong Kong and foreign affairs, safeguard the legitimate rights and interests of the parties, efficiently and quickly solve the ship arrest matters and reduce the ship owner’s loss of ship arrest.
In foreign-related maritime trials, Qingdao Maritime Court not only pays attention to actively exercising maritime judicial management power, effectively safeguarding national judicial sovereignty and maritime rights and interests, but also pays attention to equal protection of the legitimate rights and interests of Chinese and foreign parties, ensuring judicial openness, fairness and impartiality, effectively safeguarding the authority and image of China’s maritime justice, and providing timely and effective judicial relief for Chinese and foreign parties, One belt, one road and a higher level of opening up to Qingdao will also provide a strong maritime judicial guarantee.
Nine, integrate court resources to promote pre litigation mediation.
Constructing a new mode of multiple dispute resolution in maritime justice
[case introduction]
Key words: source resolution, multiple resolution, complex and simple diversion
Related areas: pre litigation mediation
Service object: parties
Achievements: in recent years, Qingdao Maritime Court has adhered to the guidance of the Xi Jinping thought of socialism with Chinese characteristics in the new era, deeply studied and implemented the Xi Jinping thought of rule of law, practiced the people-centered development thought, and highlighted the five characteristics of “global vision, Chinese style, marine consciousness, central vision and the realm of caring for life”, We will resolutely implement the requirements of “putting the non litigation dispute resolution mechanism ahead”, and explore the establishment of a new model of multiple dispute resolution in maritime justice. Further transform the functions of the court, coordinate maritime judicial resources, and build a dispute resolution mechanism covering the whole process; We should further expand the application scenario of pre litigation mediation, standardize and improve the mechanism of pre litigation dispute resolution, and solve maritime disputes with high quality and efficiency, and a number of cases can be properly resolved before litigation. In 2021, each court dispatched 522 cases to resolve before litigation, 54 cases of “No. 1 to the end”, 283 applications for judicial confirmation, 645 cases of quick adjudication and quick trial, and the local resolution rate was 74.2%.
[case details]
Qingdao Maritime Court has always adhered to the concept of “rule of law is the best business environment”, focusing on the following aspects:
First, promote quality improvement through mechanism reform. In order to actively implement the requirements of the provincial court to reduce the increment of litigation from the source, Qingdao Maritime Court has studied and formulated the scheme of separating complexity from simplicity and resolving disputes from diversity. According to the requirements of the plan, all disputes that the parties apply for filing shall be diverted to the corresponding dispatched court for mediation before litigation. If the mediation is successful and the case payment is transferred on the spot, the case will be closed directly and will not enter the subsequent litigation procedures, which greatly saves litigation resources; If the mediation is successful and the case payment cannot be transferred on the spot, judicial confirmation shall be carried out in time; If the mediation fails, the case shall be filed online and shall be closed within 15 days after applying the quick adjudication procedure. If the case cannot be paid in time after judicial confirmation and quick adjudication procedures are concluded, it shall be directly executed by the court. After a few cases enter the ordinary procedure, they are all built according to the standard of high-quality cases.
The second is to achieve due diligence and reduce the litigation burden of the parties. We should give full play to the role of the dispatched tribunal in the forefront of litigation services in the jurisdiction area so as to realize the convenience and benefit of litigation service, and construct six business covers: “mediation before litigation, judicial confirmation, quick cutting, execution, petition and propaganda”. Retired judges are employed as specially invited mediators in court to make mediation more professional. Strengthen the business guidance for mediators, improve the “mediator + judge” mediation mode, do a good job in the front-end analysis, research and judgment of dispute resolution, provide legal advice and advice on mediation according to law, and implement the “No. 1 to the end”, so that the parties can get money and legal documents on the spot, which has been highly praised by the parties.
The third is to build a diversified dispute resolution system in line with the characteristics of maritime justice. Actively connect with the government under its jurisdiction, start from the source, standardize the control of litigation sources, and jointly do a good job in social governance. In order to find corresponding industry organizations for different types of maritime maritime cases, 25 invited mediators were invited and 9 invited mediation organizations were implemented to achieve full coverage of key industries and key areas before mediation. Continue to introduce industry mediation and actively promote systematic governance in key industries. Continuously strengthen the full cooperation with industries and departments, and vigorously promote Wuxi Online Offline Communication Information Technology Co.Ltd(300959) industry linkage mediation. At present, Qingdao Maritime Court has attracted nine mediation organizations from insurance, port, port and shipping, arbitration and other industries to continuously promote the mediation of disputes involving marine insurance, port terminals, warehousing and storage.
Fourth, strengthen the function of mediators and resolve a large number of disputes before litigation. The measures for appointment and management of dispatched court mediators (for Trial Implementation) is formulated, which stipulates the scope of responsibilities, daily management, subsidy payment and dismissal of mediators. Clarify the assessment standards for the workload of mediators, explore and improve the ladder assessment mechanism, so as to maximize the role of mediators. Regularly carry out training for specially invited mediators, especially increase the training in maritime and maritime laws and regulations, and improve the professional level of mediators in resolving maritime and maritime contradictions and disputes. At present, Qingdao Maritime Court has specially invited 25 civil mediators and 8 administrative mediators. Each court has at least one resident specially invited mediator to carry out mediation work. All cases were mediated first.
Fifth, grasp the characteristics of foreign-related maritime affairs and extend the function of foreign-related dispute resolution. In view of the large proportion of foreign-related cases accepted by the maritime court, resolve foreign-related disputes before litigation, effectively resolve disputes, and strive to build an international preferred place of maritime justice. The trial judges work forward, use the special procedures of maritime litigation to resolve disputes and reduce litigation time and litigation cost. Fair and efficient mediation before litigation involving foreign cases has enabled more and more foreign parties to take the initiative to choose the jurisdiction of the Qingdao maritime court and apply China’s laws.
X. precise service for execution of Qingdao Maritime Court
Boost the transformation of port and shipping enterprises and enhance market competitiveness
[case introduction]
Key words: judicial temperature helps port integration
Areas involved: Court Enforcement
Service object: port and shipping enterprises
Results: the Executive Board of the Qingdao maritime court has established a new mode of professional judges’ responsibility and regular convening of judges’ meetings with the implementation of pre mediation and mediation as the starting point, adhering to the principles of good faith execution and resolving disputes in real time, and settling disputes by judicial temperature, helping port integration and stable transformation of port and shipping enterprises.
[case details]
Since the end of 2019, Shandong Port Group has carried out large-scale integration, and the integration scheme with Qingdao Port International Co.Ltd(601298) , Rizhao Port Co.Ltd(600017) , Yantai port and Bohai Bay Port as the main body and jointly promoted by the ports under its jurisdiction has been promoted in an orderly manner. Due to the large scale of integration, the debts and creditor’s rights left over by the original ports are intertwined, and due to the operation difficulties of port and shipping enterprises since the epidemic, there have been a number of disputes caused by historical problems. Therefore, Qingdao Maritime Court has accepted a large number of port execution cases, including disputes such as port construction project contract, dock and wharf construction contract, channel and port dredging contract, etc, The case is complex and the target amount exceeds 1 billion yuan. On the premise of keeping the enforcement strength unchanged, Qingdao Maritime Court innovated its working methods, promoted reconciliation between the two sides in various ways, retained the possibility of continued cooperation between the parties involved, created a good business environment, and realized the organic unity of political, legal and social effects.
First, build a working mode in which professional judges are responsible and hold regular meetings of judges. Before the integration of the original port, the cases involving all debts and creditor’s rights were complex, the subject matter of execution was complex, and the subject amount was large. On the basis of arranging professional judges to undertake, Qingdao Maritime Court held a meeting of professional judges at least once a week and formed minutes of the meeting, gathered the wisdom of everyone, and provided a new sample for the maritime court to deal with port related execution cases under the guidance of typical cases. Among them, in the case involving a port company in Weifang, the amount involved was nearly 800 million, and the subject matter included construction land use right, sea area use right, real estate, vehicles, bank deposits, etc. Qingdao Maritime Court analyzed and accurately judged one by one, and maintained the normal operation of the executee by using professional skills and means on the premise of protecting the legitimate rights and interests of the applicant, Help the smooth transition of enterprise transformation.
Second, establish the working principle of giving priority to implementation mediation and supplemented by hard implementation. Adjust the principles of execution, screen and accurately identify the persons to be executed on a case by case basis, strengthen the mediation of execution, and resolve major disputes with “gentle execution”. In view of the characteristics of the subject matter, the Executive Board of the Qingdao maritime court takes the mediation and mediation as the starting point, flexibly applies judicial discretion, adaptations to assets that involve state-owned enterprises and maintain the operation of the port and shipping enterprises, and promotes the realization of property through pluralistic co governance. The case involving a municipal government in Yantai involves many administrative subjects, and the Executive Yuan exceeds 200 million yuan. The Qingdao maritime court has taken the initiative to take the initiative to take part in the case, organized several hearings meetings repeatedly, and batted out the implementation of the reconciliation plan. It finally succeeded in promoting reconciliation among the parties in the mediation stage before the execution, which not only saved huge losses for the private enterprises, but also avoided the loss of state assets. It has been highly praised by all parties.
Third, practice the people-centered development thought and strive to make the people feel fairness and justice in every judicial case. We will earnestly strengthen the implementation of wage cases involving rural migrant workers. In the cases involving port and shipping enterprises, we will focus on the implementation of wage cases involving rural migrant workers, attach great importance to it, strengthen leadership, clarify requirements, strictly enforce responsibilities, and effectively safeguard the legitimate rights and interests of migrant workers. Do a good job in answering questions in the whole process of implementation, guide migrant workers to form the awareness of handling affairs according to law, finding ways to solve problems, effectively prevent and resolve wage arrears disputes, and further promote social harmony and stability. In the case involving a port enterprise in Rizhao, the executee had difficulties in operation, sought financing from many parties, and it was difficult for employees to pay wages. Tough implementation may not only lead to enterprise bankruptcy, but also make it difficult to guarantee the wages of more than 1000 workers. Qingdao Maritime Court adjusted the implementation plan for many times, sent personnel to understand the enterprise operation and wage arrears, and faced the resistance of workers, Melt the firm ice of the enterprise with the temperature of justice, and finally promote the two sides to reach a settlement on the premise of ensuring the payment of wages. While helping the smooth transformation of the enterprise, we have effectively made the people feel fairness and justice in every judicial case.
