The Institutional Logic and Practical Significance of the Revision of China Maritime Code

The first comprehensive revision of Chinas Maritime Law in over three decades directly responds to the practical demands of digitalization and green transformation in the shipping industry. Focusing on institutional innovation, this revision undertakes systematic adjustments. Through analyzing legal provisions, comparing different laws, and assessing policy impacts, four core institutional innovations have been identified: the unification of domestic and international cargo transport rules to resolve the institutional fragmentation arising from different laws governing the same cargo; the clarification of the legal status of electronic transport records, applying the functional equivalence principle to address rights attribution and transfer issues in the absence of paper documents; the addition of a dedicated chapter on vessel-source oil pollution damage, establishing a tripartite compensation system integrating strict liability, compulsory insurance, and a compensation fund; and the readjustment of rules on carrier liability to accurately address challenges arising from new business practices. The study shows that the revision significantly enhances legal applicability, promotes digital transformation and green development in the industry, and strengthens Chinas capacity in foreign-related maritime legal affairs. However, attention must be paid to implementation risks such as the formulation of technical standards, uniform judicial application, and the capacity of the insurance market. To ensure the smooth implementation of the new law, supporting systems should be improved, and judicial guidance refined to advance the modernization of Chinas maritime legal system. This revision marks a profound shift in Chinas role from an adapter to a leader in international maritime rule-making, providing a solid institutional foundation for the nations strategy of building a strong maritime country.