The Burden And Standard Of Proof In Marine Insurance

Civil evidence is the core question of Civil Procedure Law. It has direct relationship with the entity of litigation and is important to both the participants in proceedings and the court. But from Civil Procedure Law of P. R. China, it has only 12 articles regarding to the regulations of civil evidence. Since these articles are basically too general, they can not solve the problems in trial practice. The first part of the thesis analyzes the burden and standard of proof in civil procedure based on " Some Stipulations on Evidence of Civil Action by Supreme People's Court" issued on 31 December 2001. Based on analyzing the general principles in Marine Insurance Action, this article mainly studies some problems in trial practice. It proposes some useful advice to settle or avoid the disputes combined with the peculiarities in the field of marine insurance. In addition, the author also makes full use of some recent related cases in China Maritime Court & English cases and hope to provide some constructively legislative advice on these issues.