Study On Claim-confirming Proceeding In Maritime Produce

This paper is divided into four chapters to discuss problems both in theory and practice.which arised from the claim-confirming proceeding.The first chapter the study on the fundamental theoretical issues of the claim-confirming proceeding.The remaining three chapters is to analyze the claim-confirming proceeding according to admiralty proceedings which generally start from indictment,and end with a sentence after judgment.Therefore,the following three chapters are the study on issues respectively in the proceeding of indictment,the judgment,and finally the sentence-making of claim-confirming proceeding.The first chapter is about fundamental theoretical issues of the claim-confirming proceeding.After analyzing the concept of the claim-confirming proceeding which is regulated in laws and defined in practice,this chapter is to generalize the special traits of the claim-confirming proceeding.There are three opinions about the nature of the claim-confirming proceeding,which is the most controversial problem in the fundamental theories:the first opinion is that the claim-confirming proceeding is confirming of dispute,the second is the combination of confirming of dispute and payment of dispute, and the third opinion is payment of dispute.The author of this paper agrees to the third opinion.The second chapter is about the indictment of claim-confirming proceeding.After one party start the lawsuit,the proceeding begins.This chapter includes the reasonable period and the necessary conditions to start the proceeding,and the jurisdiction of the courts.The third chapter is on the judgment of the claim-confirming proceeding,which is the most critical section of the proceeding as well as the most important part of this paper. The claim-confirming proceeding is different from the general maritime proceeding,and further more,the regulations of laws about it is too vaguely,so three are lots of problems to clarify in the claim-confirming proceeding.For instance,the trial organization is a collegial panel or a judge,the time limit of the judgment,and so on.This chapter is also to discuss the scope of the judgment,the problems of evidence examination,the application of the confession,the conversion of the claim-confirming to the general procure,and the special features when the claim-confirming adopt the summary procure. The last chapter is the study on the sentence-making of the claim-confirming proceeding.In practice,sometimes the case is closed with mediation,the legitimate of which is to be discussed in this chapter.When the case is closed with a sentence,whether the written sentence is valid or not,and whether it is litigate to be executed or not,are the key points to be analyzed in this chapter.In addition,because the meeting of claimants is organized after the judgment proceeding,so this issue is also included in this chapter.