The 18th meeting of the Standing Committee of the 14th National People’s Congress passed the newly revised Maritime Code on October 28. This “basic shipping law,” which has been in effect since 1993, has completed its first comprehensive revision. The new law will officially take effect on May 1, 2026. This revision, based on China’s new historical positioning of transitioning from a major shipping nation to a strong shipping nation, actively responds to the needs of the times, establishing rules and providing safeguards for the high-quality development of shipping trade.
The Maritime Code is an important civil and commercial law and foreign-related law that regulates and standardizes maritime transport relations and ship relations. For over thirty years, this law has played an irreplaceable role in safeguarding the legitimate rights and interests of shipping participants, ensuring the healthy operation of China’s maritime industry, supporting the smooth flow of international trade, and providing a solid legal guarantee for China’s deep integration into economic globalization and its development into the world’s largest trading nation and a major shipping nation.
With rapid socio-economic development and the continuous deepening of opening-up, the shipping sector faces many new situations and challenges. The forward-looking design of the past inevitably shows some “inadequacy” when dealing with today’s new practices and new business models. On one hand, the digital wave is sweeping the globe, and digital documents such as electronic bills of lading and electronic waybills are widely used in practice, but the current law lacks clear provisions for these, and the lag in the law somewhat hinders the digital transformation of the shipping industry. On the other hand, as the concept that “lucid waters and lush mountains are invaluable assets” becomes deeply rooted, the importance of marine ecological environment protection is increasingly prominent, raising new demands for improving the legal system for ship pollution prevention. Against this backdrop, a comprehensive and profound revision of the Maritime Code is not only an inherent requirement for the law’s own development but also an inevitable choice for promoting high-quality economic and social development.
This revision is a systematic project based on the present and focused on the future. Its positive significance and outstanding highlights are mainly reflected in several aspects. First, breaking down regulatory barriers helps promote the construction of a unified and open transportation market. One of the most groundbreaking amendments in the new law is the deletion of the “exclusion clause” in the original Chapter 4 that did not apply to transport between domestic ports, achieving the “integration” of legal rules for international and domestic coastal maritime cargo transport. This means that, whether for domestic coastal or international routes, unified legal rules will apply, except for a few clauses that are not applicable due to systemic differences. This change resolves the long-standing industry issue of “different liabilities for the same cargo,” greatly facilitates the coordinated operation of shipping enterprises, and is conducive to forming a modern shipping market system with unified rules and orderly competition. It is an important legal measure to promote the dual circulation of domestic and international markets.
Second, embracing the digital era, giving the shipping industry “digital wings.” The new law adds a special section on “electronic transport records,” formally granting digital documents such as electronic bills of lading the same legal effect as paper documents. It clarifies the rules for the issuance, use, and conversion of electronic documents, clearing legal obstacles for the comprehensive digital transformation of the shipping industry. In the future, trading parties will be able to complete cargo collection and transfer of property rights using electronic bills of lading, which will significantly reduce the time and risks associated with the circulation of paper documents, markedly improve supply chain efficiency, and make China’s shipping trade more internationally competitive.
Third, demonstrating humanistic and ecological concerns, painting a warm background for shipping development. The new law not only focuses on efficiency but also emphasizes fairness and sustainability. In terms of rights protection, it significantly increases the compensation limits for passenger personal injury and death, and explicitly stipulates that crew employers must sign labor contracts with crew members in accordance with the law or relevant international treaties on crew labor and social security, providing a more solid legal backing for protecting the legitimate rights and interests of maritime workers. In terms of ecological protection, a new chapter on “Ship Oil Pollution Damage Liability” has been added, establishing the basic principle of “polluter pays,” and setting up a system of compulsory liability insurance and compensation funds, building a strict legal protection network for the marine ecology.
Finally, the new law also demonstrates a more confident stance on opening-up. On one hand, it actively aligns with the latest international conventions and practices, ensuring that China’s rules are compatible with globally accepted practices, such as reclassifying voyage charter parties under the chapter on charter parties. On the other hand, it improves the rules for the application of law in foreign-related relations, explicitly stipulating that international contracts of carriage of goods by sea involving loading or unloading at Chinese ports mandatorily apply Chinese law. This strengthens the jurisdiction of Chinese courts over relevant cases and the discourse power of Chinese law, serving as a vivid practice in promoting the construction of foreign-related rule of law.
In summary, the newly revised Maritime Code conforms to the trends of the times, responds to practical needs, and pools the wisdom of all parties. By systematically resolving the pain points and blockages hindering the high-quality development of the industry, it not only provides a more powerful legal engine for China’s transition from a major shipping nation to a strong shipping nation but also demonstrates to the world China’s firm determination to continuously advance high-level opening-up and actively participate in global shipping governance. We have reason to expect that this revitalized law will play a more active role in China’s grand journey towards maritime strength.
Wu Xu, Professor, Law School, Dalian Maritime University
