Study On Burden Of Proof In Collision Of Ships

This article studies on burden of proof in cases of collision of ships. This issue has both characteristics of generalization and speciality. By studying on the concerning rules of common law system, the author tries to find some useful rules to solve the problems in Chinese legal practice.Generally, cases of collision of ships are complex, effected by all kinds of factors from nature and men. When collision occured, evidences are lack and hard to be collected, and the parties are both to blame in most cases. The speciality requires special rules to apply beside general rules of civil litigation procedure. In settlement of disputes and court trial, evidence is very critical and burden of proof is a main method to solve conflicts. If burden of proof is the core issue in the system of civil litigation evidence, allocation of burden of proof is the key of this core issue. Therefore, burden of proof is very important in cases of collision of ships.This article contains 6 parts. Part 1 introduces basic rules of burden of proof in civil litigation procedure. Part 2 elaborates rules of allocation of burden of proof in cases of collision of ships. Part 3 probes in the standard the party's proof shall reach, and the relationship between the party's burden of proof and the investigation duty of the court. Part 4 discusses the issue on application of the principle of presumption in special conditions. Part 5 analyzes the application of some principles in allocation of burden of proof in collision of ships. Part 6 points out some problems of expert's appraisal in Chinese maritime litigation, and suggests establishing rules of expert witness. Through studying on the above issues, the author tries to do some useful work to give reference to Chinese rules of burden of proof in cases of collision of ships.