How To Improve Maritime Evidence System

The evidence is the soul of all lawsuit activities, the evidence system reform of maritime affairs is the important component of trying reform of maritime affairs. Compared with shipping developed countries, such as America and Europe etc, the shipping industry of our country starts late, the starting point is low. No matter the administration of justice is practised on " evidence system of maritime affairs ", or all there are a great deal of questions on the theory system, await to improve and perfect. The implementation of《law of legal procedure of the maritime affairs of the People's Republic of China》, indicate that the maritime affairs of our country legislate to leap ahead again, having taken shape tentatively intactly, the judicial system of maritime affairs with characteristic of Chinese. Issue and implementation , for promoting transporting the development of the undertaking by sea of the law of legal procedure of maritime affairs, reflect the status of marine big country of our country, have very important meanings.《law of legal procedure of the maritime affairs of the People's Republic of China》proceeds from characteristic of China's maritime affairs lawsuit, regard regulation of《Civil Procedure Law of the People's Republic of China》as the basic principle, have summarized the valuable experience that the people's court accumulates in maritime affairs are tried, drew lessons from international convention , international practice and advanced methods in the field of maritime affairs lawsuit of some countries of foreign countries at the same time. The law of legal procedure of maritime affairs is while keeping keeping the same with Chinese legal system, basic legal system, integrate with the internationally advanced procedure which handles the maritime affairs case as much as possible. The objective one says, maritime affairs law of legal procedure one advanced procedural law, but there are a lot of places less than satisfactory too.The evidence has essential meanings to the trying of the case . It is great that shipping collides the case dispute is marked, the legal relation is complicated, the survey of fact is very difficult, so, I think I stipulate that a rational system of putting to the proof is the key that the case tries that the boats and ships collide. Lawsuit mechanism of the doctrine that the law of legal procedure of maritime affairs has established the party of modern civil action, including (1) party decides that the object of adjudication is fought for and clicked promptly, and prove that the facts fought for are the basic lawsuit mechanism of modern civil action; (2) The party decides the right of the fact proved and bears the lawsuit mechanism with unified burden of proof; (3) Guarantee from procedure that a judge stands on the position of neutrality making the just judgement in the lawsuit; (4) Help to find objectivly and trully and allow the judge to help parties to argue.The maritime affairs evidence saves the evidence stipulated with the civil procedure from damage to save from damage and compare, stipulate that accords with the universal law of civil action even more, shown in the following several aspects mainly: (1) The maritime affairs evidence saves the application that can only ask people according to maritime affairs from damage, the maritime affairs court can't take the measure of saving from damage in accordance with the functions and powers, the maritime affairs court should be in status of neutrality in the lawsuit, should reduce the initiative intervention to party's lawsuit behavior; (2) The maritime affairs evidence is saved from damage and only suitable for the evidence asked to relevant maritime affairs to save from damage , not suitable for other evidences; (3) The maritime affairs evidence is still saved from damage including the evidence is saved from damage before the lawsuit, and is not merely limited to that the evidence in the lawsuit is saved from damage.This text is from put the system to the proof, proving that the standard , cross-examination, evidence assuare that analyses and puts forward the suggestion in congruent separately, hope to legislate to reform with the evidence system helpfully in perfecting the maritime affairs lawsuit of our country.