International Maritime Cargo Damage Claims The Burden Of Proof Allocation Problem

Maritime law as a special law of Civil Law, general principles of civil law, such as basic principle of burden of proof, allotment of burden of proof, apply in the maritime law as those do in the civil law. But along with continuously increasing of the our country sea goods conveyance, we have to need a perfect law of independence to reply from here produce of contract dispute. Having this in mind, researching methodologies and ideas of this thesis are based on the analysis of general principles of burden of proof in Civil Law. Meanwhile, taking into account the specialties of shipping law, this thesis compared the rules of burden of proof among "Hague rule", "Hague/Visby rule", "hamburger rule", draft of United States carriage of goods by Sea Act 1999(COGSA), and maritime law.This thesis has four parts in total..In the first part, the thesis focus on the double conceptions of burden of proof, including two legal systems, and the basic meaning of rules of burden of proof relating to marine cargo claim, legal theory analysis of allotment of burden of proof and allotment of burden of proof in the maritime affairs. Considering the legal philosophy behind the allotment of burden of proof, it is submitted that the task of proof is to meet the following legal philosophies, namely purposes of substantial law, the atmost closeness to the fact in a judgment, justice of procedures and efficiency of procedures, etc.In the second part, this thesis stresses the detailed the rules of burden of proof of the claimant. It lines the basic conditions if the claimant institutes the suit. This part emphases the third clause about "the damage take place in the responsibility period of the can-ier". According to the 46th of the maritime law, the claimant must prove the outward appearance is good when they are delieved, prove the damage being done when they are delieved and the allegations of the carrier.In the third part, this thesis stresses the detailed the rules of burden of proof of the carrier. The maritime law Article 46 makes an except regulation about the carrier. Article 51 settles the avoiding blaming regulation rules for the carrier. This part points on the driving ship wrongly, fire, act of God, nature characteristic, latent bugs, bad packaging, deficient sign and so on. Then the carrier finds out the way of quote and assigning the offer.In the fourth part, this thesis stresses the detailed the other rules of burden of proof of the carrier and the claimant. The judge may end the case if the carrier and the claimant can not reintroduce other opinions any more. But it is more complicated in the practice. According to maritime law, both parties usually also claim the other proceeding, such as the proper sail, deviation and taking care of goods. This chapter introduces the proper sail including content, standard, time and subjest requinnent; deviation with reason, the damadge froln deviation without reason; and taking caring of goods, f the carrier cannot finish the duty, the claimant should prove the relations to the damadge.The author makes deeply analysis to the legal issues of international rules of burden of proof relating to marine cargo claim, points out the defects of the prevailing international conventions, rules and domestic legislation on marine cargo, in addition to lnodifying an opinion, puts forward comparatively reasonable liability systems of rules of burden of proof which is helpful to solving the questions about the allotment of burden of proof in the international marine cargo proceeding.