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一、困惑之门:从无船承运人签订的海上货物运输合同的效力说起自1984年大连、上海等首批海事法院成立以来,我国专门化的海事审判走过了近三十年的历程。海事审判职能由海事法院行使,具有诉讼主体多元化、法律关系复杂化、国际化、专业化和适用法律多元化等特征。海事法院审理发生在海洋和通海水域的与船舶关系和运输关系相关的船舶碰撞等海事侵权案件和运输合同等海商合同纠纷案件。从其受案范围看,海事审判是商事审判的重要组成部分,是特殊(广义)的商事审判,在司法领域中具有重要的地位。几十年来,海事法院及其上诉审高院正确行使海事司法管辖权,积极开展海事审判工作,共审理各类一审海事、海商案件76000多件,诉讼标的金额近800亿元,受理的海事海商案件数量和类型在全球海事司法领域首届一指。随着经贸航运事业的迅速发展,海事海商纠纷不断增加,海事法
First, the door of perplexity: the effectiveness of the contract of carriage of goods by sea by non-vessel carrier Since the establishment of the first maritime courts in 1984, such as Dalian and Shanghai, the specialized maritime trial in our country has passed the course of nearly 30 years . The function of maritime trial is exercised by the maritime court. It has such features as diversification of litigation subjects, complicated legal relations, internationalization, specialization and application of legal diversity. The maritime court deals with maritime contract disputes involving maritime infringement cases such as ship collision and transportation contracts, which are related to the ship’s relationship and transportation relations in the oceans and open sea areas. Judging from the scope of its acceptance, maritime trial is an important part of commercial trial. It is a special (generalized) commercial trial and plays an important role in the judicial field. For decades, the maritime court and its appellate court have correctly exercised maritime jurisdiction and actively carried out maritime trials. They handled a total of 76,000 cases of various kinds of maritime and maritime arbitration at first instance, with the amount of litigation subject reaching nearly 80 billion yuan and maritime affairs accepted The number and type of maritime cases are the first in the world of maritime justice. With the rapid development of economic and trade shipping industry, maritime maritime disputes have been on the rise and maritime law has been on the rise