Study On Judicial Authentication To The Marine Pollution Damage In China

In recent years, the rapid development of marine industry and shipping industry has made the economic developing as well as frequent accidents. Spells from serious marine pollution accidents let us deeply realized that human damage to the sea and marine pollution has the potential to affect our living environment.Marine pollution accidents usually cause the proceedings, the role of evidence in the litigation procedure is very important. Expert opinion, as legal evidence in the lawsuit in our country, with its scientific and objective plays a huge role in the trial. The judicial authentication of marine pollution damage is an activity that in the marine pollution lawsuit using marine science theory and method with modern marine survey analysis instrument, according to the related standard, detecting the damage degree of polluted waters of qualitative and quantitative, finally through the results of damage and degree of confirmation, obtaining scientific appraisal suggestions.In marine pollution damage compensation claims, the appraisal opinions can influence and even determine qualitative and compensation of cases, and have important significance to clarify the case as well as give each party a clear responsibility, which not only can help to maintain the legitimate interests of the parties, and protect the interests of the ocean in our country.However, the judicial appraisal system of the marine pollution damage is not perfect in our country, which is still at an early stage development. Therefore, according to the relevant legislation and judicial appraisal practice of marine pollution, the essay researches the main legal problems in this field, and puts forward the corresponding perfecting suggestion.Besides the parts of preface and conclusion, this paper includes four chapters.First chapter summarized judicial appraisal of marine pollution and pointed out that the definition, characteristics and identification of marine pollution judicial identification in our country on the basis of the status quo and characteristics of the overview of judicial appraisal of marine pollution in China.The second chapter mainly analyzed the legislation of judicial authentication on marine pollution in China, analyzing current situation and corresponding problems on the basis of referencing foreign legislation, it is necessary to establish a unified legislation in our county, providing scientific and systematic theory basis for authentication institutions processing judicial authentication.The third chapter mainly on authentication institutions, raising the problem of unclear qualification and lack of management, then put forward that heteronomy and self-discipline to strengthen the system are essential.The fourth chapter discussed judicial authentication of marine pollution damage in the proceedings. The Civil Procedure Law revised in 2012 injected fresh energy to the norms of judicial authentication, some system such as judicial appraisal system is strengthened, and some system such as expert witnesses not to appear in court specifics the consequences. But in the apart of appraisal comments review, appraisal right of dissent and so on, need to make improvements. In order to perfect our judicial identification system of marine pollution damage, it needs to start from multiple links, which will promote marine pollution litigation justice in our country and safeguard China’s maritime rights and interests.