No The Nonreceipt Burden Of Proof Allocation Of Legal Studies,

B/L is used to prove that the contract of maritime transportation and goods have been received or shipped. It's also the proof that can exchange goods from the carrier. The carrier delivers goods to shipper and consignee with original B/L in landing port, which is not only the custom formed in a long period of maritime transportation, but the legal obligation stated clearly in maritime law. Otherwise is called releasing the goods without B/LIn practical maritime trial, releasing the goods without B/L is one of the typical issues in performance of maritime transportation contracts, one of the most common maritime cases. In cases of releasing the goods without B/L, all parties should surrender self benefit proof which should be comprehensive, sufficient and valid to prove the reality of their claims. The main purpose of it is to protect their legal rights for asking "public relief to the most extent. Under the procedure, system of burden of proof—a procedure rule of surrendering proof for their claim, as a important procedural system, has been a basic procedure system and judicial practice. However there is a phenomenon of "attaching more importance to substantive laws than procedural laws" , therefore it's extra important to recheck and emphasis procedural law. In view of this, this paper analyses and discusses judicial practice of burden of proof, put forward resolution and advice in the view of B/L.The paper has 20,000 words and three parts.In the first part, the paper analyzes the case and puts the question forward. The writer analyzes several focus problems of the case at first, then put the question forward that is how to distribute burden of proof in releasing the goods without B/L case under civil procedure principle of equality and justice.In the second part, the main idea is researching the way of distributing burden of proof in releasing the goods without B/L. The paper analyzes the double meanings of burden of proof at first. They are burden of proof in the meaning of behavior and in the meaning of result. Then the paper analyzes several academic thoughts about distributing burden of proof. After thus, the writer concludes and analyzes two thoughts of distributing burden of proof at present, put forward the point that distribution of burden of proof should base on balancing benefits between the B/L holder and carrier, applying in the procedure principle of equality and justice. After that the paper put forward common and special principles. At last, the writer points out two legal problems about distribution of burden of proof in releasing the goods without B/L. Firstly, there is no rule formed about nature of releasing the goods without B/L, which lead to injustice of distributing burden of proof. Secondly, without qualified evidence in form, great amount of paper proof can' t be accepted in case of releasing the goods without bill of lading.In the third part, the paper points out resolution. With regard to the problem coming from the case, the writer concludes all thoughts at first, and then put forward advice. Firstly, the court distributes burden of proof in both parties according to the principle of distributing burden of proof. Secondly, releasing the goods without bill of lading should be regarded as breaching of contracts, which has great practical meaning in balancing legal benefits between the bill of lading holder and the carrier. Thirdly, the system applied in confirming the validity of proof, especially foreign proof of releasing the goods without B/L is so general that it's necessary to revise the system according to eight principles such as legalization, free meaning exchanging between both parties, necessary, and so on.