Study On Allocation Of Burden Of Proof In Admiralty Cases

This paper, basing on the general theory of burden of proof and allocation thereof, finds out that the relevant Chinese laws are in lack of the way in determining the bearer of the burden. Then the paper reaches the conclusion that the provisions of section 64 of the Civil Procedure Law should be supplemented for the purpose of general rule for the allocation of burden of proof.Afterwards, the paper turns to cases relating to disputes on carriage of goods by sea. Where there be cargo claims against carriers, the defendant should bear the burden of proving such facts as the fire not being caused by carriers' actual fault, carriers' duty to exercise due diligence to make the ship seaworthy. In such cases, the application of special rule of allocation of burden is more reasonable. And it is common to apply the general rule only where the carriers claim for compensation against cargo-interests.Finally, the writer suggests that the general rule for the allocation be better to be provided for in the Marine Procedure Law, and that some of the special allocation of burden be provided for in China Maritime Code.