Rules Of Verification In The Marine Cargo Claims

There are two characteristics in the marine cargo claims: firstly, carriage goods by sea relates speciality and technicality significantly, so expect opinions and expert conclusions have important effect to verification of truth of case. Secondly, liability of proof and condition of proof of carrier and consignee is imparity. Carriers are able to possess or approach lots of evidential material, their ability of collecting evidence is stronger than consignees'. If verification of truth of case based on rules of verification in civil procedure law, it is hard to realized justice in the litigation. So it is necessary to establish a series of particular rules of verification in marine cargo claims.1.Chapter One states rules of verification, mainly introducing the aim of verification and the function of rules of verification. Verification is the process of knowing evidence and truth of case, this process is the core of the trial, which decides the conclusive judicial decision.2.Chapter Two sums up allotment of burden of proof in the litigation of marine cargo claims, combining the relevant legal provisions of Hague Rules, Hague-Visby Rules, Hamburg Rules, China Maritime Law and Civil Procedure Law. Ascertaining the burden of proof is the basis of verification, judges establish truth of case based on the principle of balance of probabilities.3.Combining lots of foreign cases, chapter Three analyzes verification of marine cargo claims in our country. Chapter Four points out insufficiency of relevant legislations of our country in marine cargo claims and blight to trial.4.The finality of this article sums up rules of verification adapt to marine cargo claims: establishing the system of expert to solve the special problems in the litigation; the standard of verification inclining to consignees in view of their real difficulty; the verifiability of some evidence made by carriers is very low, which cannot be basis of determination of truth of cases by itself.