The Burden Of Proof In Maritime Insurance Dispute Litigation

Evidence is the cornerstone of litigation.Whether litigants can fulfill the burden of proof is not only related to the fact they claim,but also determines the outcome of litigation to a certain extent.Therefore,it is not too much to regard the rule of evidence as the most important pillar supporting the whole litigation process.The distribution and completion of the burden of proof,that is,who should bear the burden of proof and what degree of proof should be achieved,are the core contents of the rules of evidence.The rules of proof in China's Civil Procedure Law are mainly stipulated in principle.Although they have played a positive role in judicial practice,there are still some problems that can not be solved.Especially in the field of maritime merchants,because of its attributes of international law,in the process of fact determination,we need to consider the combination of our current legal system,judicial practices and international prevailing practices.The purpose of this paper is to study the burden of proof in marine insurance disputes,including the application of relevant legal provisions and legal theories in the practice of marine insurance disputes,including the following parts:The first part outlines the basic theory of the burden of proof,summarizes the academic discussion on the connotation,manifestation and attributes of the burden of proof,and expounds the relationship between the burden of proof and the object of proof and the standard of proof.The second part,on the basis of the first part,discusses some important issues in marine insurance disputes,including the distribution of burden of proof in insurance interests,insurance duration,causality,exclusion liability,and the principles of distribution of burden of proof such as "who advocates who gives evidence","inversion of burden of proof' and "certification without proof'.Specific application.The third part is the case study of the distribution of burden of proof in marine insurance disputes.This part discusses the burden of proof between the insurer and the insured in the light of several common risks in marine insurance disputes,including marine disasters,fires,illegal acts and potential defects.In a word,the general principle of burden of proof in maritime insurance disputes is also applicable in most cases.However,due to the particularity of marine insurance,the allocation of burden of proof still needs special consideration in some aspects.Through the elaboration of this article,I hope it will be of some benefit to the practice of burden of proof in marine insurance disputes litigation in China.