China

Xinhua | English | News | Dec. 5, 2025 | UndeterminedLegal Exposure

The Chinese mainland has expanded the scope of civil cases that qualified Taiwan lawyers can handle. As of December 3, Taiwan lawyers who have passed the mainland's legal professional qualification exam and obtained practicing certificates are permitted to represent clients in 299 types of Taiwan-related civil cases, up from the previous 237.

The 62 newly added case types include disputes related to maritime affairs and commerce, personality rights, property rights, and competition matters. This change aims to provide more job opportunities for Taiwan legal professionals and enhance their participation in the cross-Strait legal service market, according to Zhang Han, spokesperson for the State Council Taiwan Affairs Office.

Yicai Global | English | News | Dec. 5, 2025 | UndeterminedFinancial System Problems

China’s central bank, the People’s Bank of China (PBOC), injected a net CNY50 billion (USD7 billion) into the financial system through government bond trading in November to ease liquidity pressures during the year-end funding squeeze. This amount is up by CNY30 billion from October, marking the second consecutive month of net liquidity addition via bond trading. The PBOC resumed such trading earlier this year after halting it due to supply-demand imbalances and bond market risks.

Analysts view the continued bond purchases as a sign that market conditions have improved enough to support PBOC trading and indicate a persistently supportive monetary stance aimed at stabilizing economic growth through the end of this quarter and into the next. Despite these efforts, the bond market remains relatively weak, so increased government bond purchases serve to reassure market confidence and expectations of loose monetary policy. The amount of bonds bought in November is considered a key indicator of potential policy direction in the near term.

Looking ahead, while monetary policy easing is anticipated this month or in early 2026 based on purchasing managers' index data, the bond market continues to face constraints from new fund sale rules, with 10-year government bond yields expected to trade within a narrow range of 1.75 to 1.85 percent. There may still be funding pressures and short-term spikes in money market rates at year-end despite broadly loose liquidity. Observers suggest that the PBOC’s net treasury purchases may stay steady or increase slightly in response to these conditions.

新《海商法》留白之航次租船承租人是否能够享受海事赔偿责任限制

AnJie Broad Law Firm | Local Language | AcademicThink | Dec. 5, 2025 | UndeterminedLegal Exposure

On October 25, 2025, the revised Maritime Code was adopted, signaling significant changes for the shipping industry, including a structural adjustment that reclassifies voyage charter parties. Previously, voyage charter parties were grouped under contracts for carriage of goods by sea, separate from time charters and bareboat charters. The new law places voyage charter parties alongside these in a dedicated charter-party section, implicitly expanding the scope of “charterer” to include voyage charterers under Article 213.

The prior legal ambiguity around whether voyage charterers could benefit from limitation of maritime compensation liability stemmed from differing views on their role. Some argued that voyage charterers should be protected to align with international practices and encourage industry growth, while others maintained that voyage charterers do not operate the ship or bear its operational risks and thus should not qualify. A notable judicial position from 2017 rejected including voyage charterers in the limitation regime due to their lack of ship operation control and risk assumption.

The new Maritime Code’s reclassification provides a logical basis to include voyage charterers within limitation protections but stops short of an absolute determination, leaving room for judicial interpretation. Experts acknowledge that applicability depends on specific circumstances and contractual obligations. The development of international case law reflects a shift from requiring charterers to act as quasi-shipowners toward recognizing the broader role of “operating transport” in defining eligibility for limitation of liability.

The article suggests that voyage charterers who assume responsibilities and risks related to core maritime transport activities, such as cargo loading, stowage, and safe port nomination, should qualify for limitation of liability, as excluding them would be unfair and discourage market participation. However, voyage charterers acting purely as cargo space renters with no operational responsibilities should not automatically enjoy these protections. Additionally, limitation should not be applied to losses directly involving damage to the ship itself.

The legislative change aligns the domestic limitation regime more closely with international practice and market needs, facilitating the development of related liability insurance products. Although final judicial rulings are pending, the law’s structural logic and intent indicate that voyage charterers’ ability to limit maritime compensation liability is effectively recognized.

There remains procedural complexity regarding the timing of establishing limitation funds, especially before the new law takes effect on May 1, 2026. This raises questions about which law applies to limitation amounts and how to reconcile funds established under different legal regimes, issues that are yet unresolved and will require further legal observation and analysis.