Study Of Legal Issues Of Chinese Marine Accident Investigation Reports

Marine Accident Investigation Reports are made by the Maritime Administrative Authority based on evidence materials obtained at the scene of the accident,using professional means and according to law,which is an administrative document that objectively describes the marine accident,analyzes the cause of the accident and determines the liability of the parties in concern.In judicial practice,courts often take the Marine Accident Investigation Reports as an important evident for determining the facts of the accident and judging the responsibilities of relevant parties.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter is the summary of the Marine Accident Investigation Reports,which mainly includes the definition of relevant concepts of the Marine Accident Investigation Reports,the summary of domestic and foreign legal basis related and the nature of the Marine Accident Investigation Reports.Chapter two analyzes the justiciability of the Marine Accident Investigation Reports.This part firstly collects and summarizes the viewpoints on the justiciability of the Marine Accident Investigation Reports in judicial practice in China,and emphatically analyzes the cases and reasons that do not support the justiciability of the ' Marine Accident Investigation Reports.On this basis,by comparing the Marine Accident Investigation Reports 'with the specific administrative act,discussing the influence of the Marine Accident Investigation Reports on the rights and obligations of the parties concerned,and analyzing the legal basis for judging the justiciability draws the conclusion of the justiciability of the Marine Accident Investigation Reports.Chapter three analyzes the evidentiary effect of the Marine Accident Investigation Reports in maritime litigation.This part analyzed the types and probative effect of the Marine Accident Investigation Reports in civil litigation,and discusses different effects of the Marine Accident Investigation Reports in maritime substantive facts and procedural facts under the Criminal Procedure Law.'Chapter four summarizes the problems existing in the administrative and judicial systems of the Marine Accident Investigation Reports,including the lack of administrative remedy system,unclear legal norms of evidence effectiveness and the formalism of judicial review,and puts forward corresponding suggestions to improve these problems.