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Research On The Matter Of Adducing Proof In Ship Collision Case

Posted on:2002-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:J M XiaoFull Text:PDF
GTID:2156360062480184Subject:International Law
Abstract/Summary:PDF Full Text Request
The judgement of ship collision case is a difficult point in our country' s judicial practice, and has perplexed litigant and court for a long time. The main reasons are that the proof of ship collision case is very professional, complicated and hard to be investigated. So deep research on the matter of adducing proof of ship collision case is be of great important for clearing case fact, judging ship collision liability and ensuring smooth progress of judicial practice of ship collision case.The paper attaches attention to the theory of procedure law, and tries to avoid prating without theoretical foundation and depth, moreover lays stress on comparison of the legal system of different countries, hoping that our legislation can absorb some beneficial elements. The paper makes a full research and expounding for some aspects on adducing proof of ship collision case. The paper has two main sections, the one is concerning concrete application of burden of adducing proof in ship collision case, and the other one is concerning the legal system of limitation of adducing proof in ship collision case.In the first section, based on clearing implication and legal nature of burden of adducing proof, makes a detailed expounding on the fault adducing proof. In view that international Regulations for Preventing Collisions at Sea, 1972> has a leading and crucial role in clearing fault of litigant of ship collision case, the paper puts forward the method of vital factor on fault adducing proof which includes the fault of look-out, safe speed, risk of collision, action to avoid collision and navigating.In the second section, the paper begins from the present procedure legislation of our country, and analyzes the malpractice that was caused by no limitation of adducing proof in present legislation of our country. The paper analyzes the reason that our present legislation makes no regulation on limitation of adducing proof, the obstruct that was encountered by establishing such legal system, and the litigation value of limitation of adducing proof, furthermore makes a dialectical ponderation on the obstruct. The paper draws a conclusion that establishing of limitation of adducing proof in our country' s legislation is not only necessary, but also has important litigation value such as helping impartial procedure, stable procedure and improvement of litigation afficacy. Especially combining judicial practice of ship collision case and relevant regulation of , clears the necessity of establishing limitation of adducing proof, finds the defect of present legislation, and presents a positive suggestion for perfection of present legislation.The paper considers that the major defects of our present legislation are as followings: the one is the expired time of limitation of adducing proof, the other one is the legal consequence after the expired time. The paper makes a deep expounding on this matter, and puts forward some positive suggestions for perfection of legislation.
Keywords/Search Tags:Ship collision Case, Burden of adducing proof, Limitation of adducing proof, Vital factor, Expiration
PDF Full Text Request
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