An Analysis Of The Problems Of Maritime Accidents Investigation In China

In the trial of collision cases, the most difficult thing to the Maritime courts is the problem of case evidence. There are following features:it is not easy to keep the scene when the collision accident happen; some important evidence is extremely easy to disappear during the voyage; and important evidence of collision liability are easily forged that cause of ship collision case evidence material is very lack. These features are not conducive to the maritime court to define the ship collision case. In order to better solve this problem, the82nd regulation in "Maritime Litigation Special Procedure Law" of our country sets that both the original and the accused should fill out the questionnaire the maritime accidents.According to the law, the maritime accident investigation forms must be truthfully filled in by the defendant in the plaintiff sued. Therefore, the questionnaire has the characteristics of authenticity. In addition, after the questionnaire is submitted, the two parties can’t know the information in each other’s questionnaires, which would guarantee the confidential of the questionnaire.Above characteristics of the questionnaires help to increase its credibility, and provide some help for the judge to deal with ship collision cases. But at the same time it also exist some problems. First of all, about the legal nature of the maritime accident investigation, the law of our country doesn’t make it clear. Whether it has the attribute of evidence, can constitute a "civil procedure law" in regulation, one of the seven types of evidence of the parties stated, our country law is not clear. Secondly, after contrast the maritime accident investigation table, it could be happen that one of the parties’ statements will be against him in the questionnaire, which is a pair of stacked statement form the identity of the parties, and become the basis for activist judges; our country law has not made clear. Thirdly, it will come out various problems during the process of submitting the questionnaire, such as whether it’s able to retract one’s testimony after submitting or not, the legal consequences if it isn’t submitted or submitted false content or unknown, how to apply with the complaint and petition conflict and so on. The rule of law in our country is not perfect. Finally, after the collision accident happens, as the maritime administrative organs maritime bureau in China always take the lead in the investigation, and make the report concerning maritime investigation, survey of maritime accidents which has the relation and difference with the maritime investigation report. Both play important roles to properly solve the disputes of collision, but our country law doesn’t provision how to deal with the relationship between the two in practice.According to the characteristics and defects of maritime accident investigation table, and combining with the preliminary document system of Anglo-American law system, this paper puts forward the measures to perfect the survey of maritime accidents in our country:clearly indicate the undefined points of the law, properly handle the relationship with the other documents.