A Study On The Systems Relating To The Marine Judicial Authentication In China

Judicial authentication is one of the evidences of three major law of legal procedure and is an essential and scientific proff. Having aid of science and technology and special knowledge, judicial authentication is a major means to solve some specialistic problem related to case, and it playes the special and irreplaceable part in the lawsuit. With the improvement of the consciousness protecting environment and the increases of marine environmental pollution accidents and ship's collitions, people pay more atttention to marine judicial authention and marine judicial authentication becomes an important part in the process of marine litigation. Therefore, it is important and essential for marine litigation, distinguishing responsibilities of people involved, protecting marine environment and people's environmental right and benefits to research marine judicial authentication and its own systems. As an environment tort, marine environmental pollution has its own features that determine the particularity of the marine judicial authentication.Starting with the marine judicial authentication that is a kind of particular judical authentication, the dissertation illustrates marine judicial authentication and points out the origination, development and legislation of marine judicial authentication in China; recounting detailedly the fundamental system of marine judical authentication from both substantive law and procedural law; puts forward the management systems of marine judicial authentication including marine judicial appraiser's and authentication organ's qualitification system and marine judicial appraiser's work certification evading system, marine judicial appraiser's and authention organ's register announcement system, marine judicial authentication evading system, beginning system, implementation system and so on; describing the process of marine judicial authentication and its function marine environmental pollution suitcases, including defining pollution and damage degree based on defining conceptes related to the judicial authentication, features and the current situation and particularities of marine environmental pollution.Marine judicail authentication spans both the substantive and procedural law and involves science of law, science of ocean, physics, chemistry and so on. Perfect systems of marine judicial authentication have influence on reaching authentication conclution, setting court's mind on suit actuality, safeguarding legal right and benefits of people involved and protecting environment. It is essential for us to combine international theories and practices concerned in order to perfect corcerning marine judicial systems, standardize marine judicial authentication campains and guarantee the justice, independence and scientific nature.So the dissertation deeply analyse the shortcomings marine judicial authentication exists, in order to find out the key to go out predicament of marine judicial authentication in China. The dissertation analyses the lagging appearances of marine judicial authentication legislation, the shortcomings of marine judicial authentication in three major law of legal procedure, the problems of marine judicial authentication organs and appraisers exist; puts forward that the authentication qualificative standards are too principled, the management conflict exists between court and judicial administrative body, professional management is weaker and there's no way to protect appraiser's societal reputation; recounting that marine judicial authentication exists many abnormal phenomena that authentication's beginning procedure is not standard, authentication conclution is not applied unfairly, the rate of appraiser's appearing in court is low, judicial authentication lacks legal aid and so on. Based on analysing the problems and phenomena, and combining some international way of doing, the dissertation advances suggestions to perfect marine judicial authentication systems in China. Our country should set up marine judicial authentication lagal system and make it perfect, strengthen the utilization of authentication in three major legal procedures, form authentication's beginning system in accord to chinese reality, reinforce examine and supervisation system of marine judicial authentication, formalate aid and relieving system, absorb over-seas appraiser's qualification system and expert witness system. Especially, the dissertation analyses detailedly the differences expert witness system and appraiser's system, puts forward the important function expert witnesses play in process of marine limitation and great influnce expert witness syetem has on the development of marine judicial authentication, and advances that our country should absorb the expert witness system to make up the shortcomings of marine judicial authentication system.