摘要(Abstract)：
INTRODUCTION On October 14,1936,Shipping Tycoon Chen Shuntong(STC),1upon request of the Japanese Daido Kaiun Corporation(Daido Kaiun),and on behalf of his Shanghai Chung Wei Steamship Co.(Shanghai CW),drafted a time charter which stipulated a charter period of 13calendar months from the delivery date of November 1 of 1936 to December 1 of 1937 to rent out his 6,725-ton-ship"Shunfeng"and
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作者(Author): Guo Hongyan;
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参考文献(References)：
- 1 Chen Shuntong was born in a small village of Ningbo,Zhejiang province in 1895.He set up Chung Wei Steamship Co.in Shanghai with his wholly-owned money about 300,000 National Currency on September 1,1930.Up to 1937,Shanghai CW whose asset had reached 1 million National Currency,about 20,000 tons gross tonnage of the vessel,owned four ships,including Shunfeng,Xintaiping,Yuanchang,and Taiping,among which Shunfeng was the largest ship in China,became the largest shipping company.Chen Shuntong has thus become“shipping tycoon”of China.WHOLE COURSE OF THE FIRST CASE ON CIVIL COMPENSATION CLAIM AGAINST JAPAN:LITIGATION OF THREE GENERATIONS OF CHINESE SHIPPING TYCOON,at http://economy.gmw.cn/2014-04/24 /content_11124704_2.htm(last visited June 20,2014).
- 2 GUO SILU,SHIPPING TYCOON CLAIMED FOR SHIPS OVER 77 YEARS:A WHOLE STORY ON A WINNING NON-GOVERNMENTAL COMPENSATION CASE AGAINST JAPAN,at http://www.infzm.com/content/100841(last visited on June 20,2014).
- 3 Supra note 1.
- 4 Id.,among the three sons of STC,only Chen Qiaqun and Chen Qiankang were alive then,with the youngest one died young.Due to failure in reclaiming the two ships,STC made a will to authorize his eldest son Chen Qiaqun to deal with all the claim affairs pertaining to the two ships.
- 5CASE ON SHANGHAI MARITIME COURT’S COMPULSORY EXECUTION OF ARREARAGE AND TORT COMPENSATION UNDER CHONG WEI CHARTER CONTRACT,at http://shhsfy.gov.cn/hsinfoplat/platformData/infoplat/pub/hsfyintel_32/docs/201404/d_280009.html(Last visited on June 20,2014).
- 6Supra note 1.
- 7Id.
- 8GUO SILU,supra note 2.
- 9MITSUI O.S.K.LINES LTD.FULLY PERFORMING OBLIGATIONS DETERMINED BY VERDICTC&SHANGHAI MARITIME COURT RELEASED ARRESTED SHIPS ACCORDING TO LAWS,at http://shhsfy.gov.cn/hsinfoplat/platformData/infoplat/pub/hsfyintel_32/docs/201404/d_280009.html(last visited on June 20,2014).
- Supra note 1.
- IMPOUNDED JAPANESE SHIP GETS OK TO LEAVE,at http://www.chinadaily.com.cn/world/2014-04/25/conte nt_17463968.htm(Last visited on June 20,2014).
- Id.
- FULLY PERFORMING OBLIGATIONS DETERMINED BY JUDGMENT AND SHANGHAI MARITIME COURT RELEASED ARRESTED SHIPS ACCORDING TO LAWS,at http://www.chinacourt.org/article/detail/2014/04/id/1281708.shtml(Last visited on June 20,2014).
- He Tianyi,Outline on Leftover Problems of the Japanese War of Aggression against China,4 The Journal of Studies of China’s Resistance 141,153,(1997).
- The Law of the PRC on Individual Proprietorship Enterprises of 2000,article 17,18 and 31.
- Supra note 1.
- Id.
- EXPERT’S COMMENT ON FORCING MITSUI O.S.K.TO EXECUTE VERDICT:WITH NO RELATION WITH WAR REPARATIONS,at http://gd.people.com.cn/n/2014/0425/c123932-21082570.html(Last visited on June 20,2014).
- Id.
- SHANGHAI DETAINS JAPANESE 10,000-TON VESSEL,WHERE IS CHINA’S POWER FROM?at http://www.chinacourt.org/article/detail/2014/06/id/1312223.shtml(Last visited on June 20,2014).
- The General Principles of the Civil Law of the People’s Republic of China,article 135.
- The Opinions of the Supreme People’s Court on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People’s Republic of China(For Trial Implementation),article 165.
- Id.,article 196.
- The Civil Procedure Law of the People’s Republic of China,article 265.
- The Special Maritime Procedure Law of the People’s Republic of China,article 6(3).
- Zheng Wenlin,Legal Basis and Applicable Law of Domestic Litigation on Civil Compensation to Japan:Based on Chongqing Bombing Case,2 Gansu Social Sciences 124,124-126,(2012).
- Supra note 21.
- Supra note 22,article 166.
- HUANG JIN AND DU HUANFANG,SHANGHAI MARITIME COURT DETAINED JAPANESE MERCHANT SHIP IS LAWFUL AND EFFECTIVE,Legal Daily,April 30,2014,at http://yuqing.people.com.cn/n/2014/0424/c210126-24938956.html(Last visited on June 20,2014).
- Supra note 21,article 146.
- Supra note 22,article 187.
- Supra note 24,article 28.
- The Maritime Code of the People’s Republic of China,article 269.
- EXPERT’S ANALYSIS ON LEGAL BASIS FOR ARREST AND RELEASE OF ARREST OF CARGO SHIP OF MITSUI O.S.K.,at http://gd.people.com.cn/n/2014/0425/c123932-21082570.html(Last visited on June 20,2014).
- Supra note 24,article 242.
- Supra note 34.
