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基于《中华人民共和国海商法》(简称《海商法》)亟须修改的学界、业界共识,从《海商法》修改过程中所应坚持的五个平衡出发,简要论述《海商法》修改的基本思路,具体包括英美法系制度与大陆法系制度的平衡、国内制度与国际制度的平衡、不同利益主体权益的平衡、理论研究与司法实务的平衡以及海商法与一般法的平衡。
Based on the five balances that should be adhered to in the process of revising Maritime Business Law, based on the academic and industry consensus that the “Maritime Law of the People’s Republic of China” (abbreviated as “Maritime Law”) urgently needs to be amended, the basic revision of the “Maritime Law” Including the balance of Anglo-American legal system and civil law system, the balance of domestic system and international system, the balance of rights and interests of different stakeholders, the balance of theoretical research and judicial practice, and the balance between maritime law and common law.