Study On Evidence Issues In Maritime Administrative Penalty

This thesis is going to discuss the issues of evidence in maritime administrative penalty from three aspects.The primary problem that needs solving in the process of proof is burden of proof. Whether in anglo-american law system or in continental law system,there are many explanations of burden of proof.In anglo-american law system,burden of proof is divided into burden of persuasion and burden of producing evidence;while in continental law system, burden of proof carries double meaning of subjective burden of proof and objective burden of proof.Since the introduction of the concept of burden of proof from Japan,we have been trying to make further understanding of burden of proof in China,and the double-meaning common theory is finally formed.However,maritime administrative penalty being a kind of administrative procedure,its burden of proof is different from the burden of proof in traditional litigation.This thesis mainly analyses the meaning,categories and qualities of burden of proof.Moreover,the author puts forward his own idea of how to distribute the burden of proof in maritime administrative penalty and forms his own view of the influence of the burden of proof in maritime administrative penalty to the whole process of proof.In traditional evidence law,standard of proof is discussed from the two aspects of civil evidence and penal evidence.Under this circumstance,this thesis firstly inspects civil evidence and penal evidence in the two major law systems.British evidence law provides Proof Beyond Reasonable Doubt and Proof on the Balance of Probabilities according to different characteristics and burden of proof of the cases.American evidence law and continental law system evidence law provide likewise.Secondly,this thesis elaborates some unique standards of proof in administrative procedure,such as substantial standard of proof and power abuse exclusion standard.Lastly,this thesis categorizes standard of proof according to the degree of administrative counterpart's benefit that maritime administrative penalty is concerned with.For the evidence in maritime administrative penalty carries the characteristics of maritime evidence,this thesis firstly analyses the characteristics of several kinds of statutory maritime evidence and the proceedings that should be paid attention to in the process of collecting maritime evidence,which lays a foundation for the later introduction of evidence examination.Hearing by trial and records exclusion system are two basic systems used to examine administrative procedure,which are embodied in maritime administrative penalty. Administrative litigation is of examination quality,so the attitude of judicial organ to fact affirming of administrative organ is essential.On the basis of making a comparison and an analysis of the examination attitudes of judicial organs of the two major systems,this thesis analyses the attitude of the People Court to fact affirming of administrative penalty organ in China.Meanwhile,the thesis points out the problems in the examination of administrative litigation in present China and suggests that as China's related administrative law systems are gradually established and perfected,using British and American advanced experience for reference,China should establish the dual examination system to both fact and law of Chinese characteristics.