The Admission And Credibility Of Evidence And The Burden Of Evidence In The Ship Collision Litigation

This study focuses on the issue of evidence in ship collision litigation,focusing on two aspects of the issue,namely,the admission,credibility and certification of evidence.Judge is the subject of behavior of the admission and credibility of evidence and litigants are the subject of certifying.The admission and credibility of evidence mainly involve the stage,principle,and standard problem.The certification mainly involves certification standards and responsibility problem.The stage solve the problem of eligibility and validity of evidence respectively.The principle is to determine the boundary of behavior.The standard of the admission and credibility of evidence provides an objective reference for the behavior.The standard of certification is part of the standard of generalized the admission and credibility of evidence,which indicates the extent to which the behavior of certification should be achieved and the degree of judge's moral certainty.The burden of persuasion and standard of certification balance the interests of litigants on the one hand,and on the other hand the burden of persuasion can solve the problem of the fact that the truth is not clear.In terms of structural arrangement,it is divided into six chapters.The first chapter points out the main problems existing in the admission and credibility of evidence in China's ship collision litigation,corresponding to the second,third,fourth,and fifth chapters.At the same time,each chapter points out and discusses a major issue.Although there are rules for the admission of evidence in ship collision litigation,the stage has still not received sufficient attention;the use of principle is unbalanced,the legal principle of evidence is abused,and the principle of free evaluation of evidence lacks legitimate restriction.The standard of the admission and credibility of evidence is ambiguous.The article 109 of the judicial interpretation of the Civil Procedure Law in China and the article 73 of the Civil Evidence Evidence Regulations lead to the mixed use of the civil and criminal certification standards.The distribution of the burden of evidence is unclear.There is a lack of historical investigation of who advocates the rules of evidence,and there is a misunderstanding of the concept of burden of persuasion and the produce of evidence.Chapter 6 focuses on the practical problems in ship collision litigation,including maritime accident investigation form and maritime investigation report,and analyzes the former evidence from the perspective of the litigants'statements.The issue whether the latter is actionable is fully discussed.Therefore,in epistemology,we should fully examine the existing system and use it as the basis for solving problems.We should not add new systems as far as possible,and fully consider the cultural differences between foreign law and our country's legal system.We should not follow blindly.Secondly,From the perspective of axiology,we should insist on the legal basis of evidence theory in ship collision litigation,clarify the assumptions.At the same time,we must pay attention to the stage of admission and credibility;strive to establish a multi-level standard system that uses the high degree of probability as the highest standard;use thinking paradigm to limit the role of free evaluation of evidence,and make the it fully utilized within the framework of the law;theory of regulation is the modern use of "who claim,who quot" rule and we should clearly distinguish between the burden of the produce of evidence and burden of persuasion and to optimize the existing distribution system.