中华人民共和国海商法（一）

Contents

Chapter I General Provisions

Chapter II Ships

Section 1 Ownership of Ships

Section 2 Mortgage of Ships

Section 3 Maritime Liens

Chapter III Crew

Section 1 Basic Principles

Section 2 The Master

Chapter IV Contract of Carriage of Goods by Sea

Section 1 Basic Principles

Section 2 Carrier's Responsibilities

Section 3 Shipper's Responsibilities

Section 4 Transport Documents

Section 5 Delivery of Goods

Section 6 Cancellation of Contract

Section 7 Special Provisions Regarding Voyage Charter Party

Section 8 Special Provisions Regarding Multi modal Transport Contract

Chapter V Contract of Carriage of Passengers by Sea

Chapter VI Charter Parties

Section 1 Basic Principles

Section 2 Time Charter Party

Section 3 Bare boat Charter Party

Chapter VII Contract of Sea Towage

Chapter VIII Collision of Ships

Chapter IX Salvage at Sea

Chapter X General Average

Chapter XI Limitation of Liability for Maritime Claims

Chapter XII Contract of Marine Insurance

Section 1 Basic Principles

Section 2 Conclusion， Termination and Assignment of Contract

Section 3 Obligations of the Insured

Section 4 Liability of the Insurer

Section 5 Loss of or Damage to the Subject Matter Insured and Abandonment

Section 6 Payment of Indemnity

Chapter XIII Limitation of Time

Chapter XIV Application of Law in Relation to Foreign related Matters

Chapter XV Supplementary Provisions

Chapter I General Provisions

Article 1 This Code is enacted with a view to regulating the relations arising from maritime transport and those pertaining to ships， to securing and protecting the legitimate rights and interests of the parties concerned， and to promoting the development of maritime transport， economy and trade.

Article 2 “Maritime transport” as referred to in this Code means the carriage of goods and passengers by sea， including the sea-river and river-sea direct transport.

The provisions concerning contracts of carriage of goods by sea as contained in Chapter IV of this Code shall not be applicable to the maritime transport of goods between the ports of the People's Republic of China.

Article 3 “Ship” as referred to in this Code means sea-going ships and other mobile units， but does not include ships or craft to be used for military or public service purposes， nor small ships of less than 20 tons gross tonnage.

The term “ship” as referred to in the preceding paragraph shall also include ship's apparel.

Article 4 Maritime transport and towage services between the ports of the People's Republic of China shall be under taken by ships flying the national flag of the People's Republic of China， except as otherwise provided for by laws or administrative rules and regulations.

No foreign ships may engage in the maritime transport or towage services between the ports of the People's Republic of China unless permitted by the competent authorities of transport and communications under the State Council.

Article 5 Ships are allowed to sail under the national flag of the People's Republic of China after being registered， as required by law， and granted the nationality of the People's Republic of China.

Ships illegally flying the national flag of the People's Republic of China shall be prohibited and fined by the authorities concerned.

Article 6 All matters pertaining to maritime transport shall be administered by the competent authorities of transport and communications under the State Council. The specific measures governing such administration shall be worked out by such authorities and implemented after being submitted to and approved by the State Council.