Construction Of The System Of Rule Of Proof In Marine Insurance

In the practice of the civil litigation, the burden of proof of the two parties is basically distributed according to "who stands for, who gives the proof, which is a distribution rule laid down in the Civil Litigation Law. But insurance is an economical compensation institution, which has nothing to do with the default civil responsibility rule. Therefore, if the burden of proof of the parties is distributed completely in accordance with the rule of "who stands for, who gives the proof, it will surely violate the original legislative intention of the marine insurance in the Maritime Law. In this article, the author introduced the basic definition and distribution rules of burden of proof, and its history and earlier theories. After that, the recent development of the theories of burden of proof was discussed.In a word, this article was written on the basis of the keeping of the justice of laws. With the reference of many theories and views, the author discussed the problem of the distribution of burden of proof in marine insurance, and a system of distribution rules of burden of proof in marine insurance was also constructed.