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Decision of the Standing Committee of the National People's Congress on the Establishment of Maritime Courts in Coastal Port Cities (Adopted at the Eighth Meeting of the Standing Committee of the Sixth National People's Congress and promulgated for implementation by Order No. 20 of the President of the People's Republic of China on November 14, 1984) To meet the needs in the development of the country's maritime transport and in its economic relations and trade with foreign countries, effectively exercise the country's judicial jurisdiction and handle maritime affairs and maritime trade cases promptly, so as to safeguard the lawful rights and interests of both Chinese and foreign litigants, the following decisions are made:
| | 全国人民代表大会常务委员会关于在沿海港口城市设立海事法院的决定 (一九八四年十一月十四日第六届全国人民代表大会常务委员会第八次会议通过 为了适应我国海上运输和对外经济贸易事业发展的需要 , 有效地行使我国司法管辖权,及时地审理海事、 海商案件、 以维护我国和外国的当事人的合法权益,特作如下决定:
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1. Maritime courts shall be established in certain coastal port cities according to need. The establishment of such courts, their alteration and their abolition shall be decided by the Supreme People's Court. The establishment of adjudicative apparatus and administrative offices of the maritime courts shall be decided by the Supreme People's Court.
| | 一、根据需要在沿海一定的港口城市设立海事法院。 海事法院的设置或者变更、撤销,由最高人民法院决定。 海事法院的审判机构和办事机构的设置,由最高人民法院规定。
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2. The maritime courts shall be responsible to the standing committees of the people's congresses of the municipalities where they are located. The judicial work of maritime courts shall be subject to supervision by the higher people's courts in their respective localities.
| | 二、海事法院对所在地的市人民代表大会常务委员会负责。 海事法院的审判工作受所在地的高级人民法院监督。
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3. The maritime courts shall have jurisdiction over maritime cases and maritime trade cases of first instance; they shall not handle criminal cases or other civil cases. The designation of the jurisdiction area for each maritime court shall be decided by the Supreme People's Court. The higher people's court in the locality where a maritime court is located shall have jurisdiction over appeals against the judgments and orders of the maritime court.
| | 三、海事法院管辖第一审海事案件和海商案件,不受理刑事案件和其他民事案件。 各海事法院管辖区域的划分,由最高人民法院规定。 对海事法院的判决和裁定的上诉案件,由海事法院所在地的高级人民法院管辖。
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4. The president of a maritime court shall be appointed or removed by the standing committee of the people's congress of the city where the court is located, upon a proposal submitted by the chairman of the standing committee of the people's congress. The vice-presidents, chief judges and associate chief judges of divisions, judges and members of the judicial committee of a maritime court shall be appointed or removed by the standing committee of the people's congress of the city where the court is located, upon a proposal submitted by the president of the maritime court. | | 四、海事法院院长由所在地的市人民代表大会常务委员会主任提请本级人民代表大会常务委员会任免。 海事法院副院长、庭长、副庭长、审判员和审判委员会委员,由海事法院院长提请所在地的市人民代表大会常务委员会任免。
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