Study On The Issue Of Onus Probandi Of Compensaive Damages By Oil Pollution By Ship

In recent years, there have been many accidents of pollution caused by oil overflow, which resulted in serious damages. In the procedure of dealing with claims for damages arises the issue of onus probandi. The proof burden for both parties is a key factor in the procedure of litigation. Therefore, study on the onus of proof for all the parties concerned plays an important role in the intensive understanding of the suit for damages caused by oil pollution from vessels. As an environmental tort, damage by oil pollution has its own features that determine the particularity of the burden of proof.Starting with the particularity in the tort of oil pollution, the dissertation illustrates distribution in the onus of proof in damages by oil pollution from both substantive law and procedural law, putting forward the issue of evidences for scope of liability for damages including the parties that bear the burden of proof and the contents of the onus of proof, based on the concepts related to the damages by oil pollution and the basic principles in the onus of proof. The expatiation on the issue is combined with the legislation concerned and the analysis of the entanglements of damages for oil pollution in the practice of justice, on the basis of which the paper points out the lacuna in legislation in this field and advances suggestions for modification.The distribution of the onus of proof, a decisive factor in fair judgment, is a key problem in the system of evidence spanning both the substantive law and procedural law. Accordingly, it is necessary to perfect the legislation concerned to balance the burden of proof for both parties. The rule of distributing proof burden should be seeking exterior truth or truth in law instead of objective truth that rebounds to the investigation of facts, efficiency of suit and the protection of the victim's interests.