Rules Of Evidence In China's Maritime Litigation Research

As evidence is the soul of litigation, the civil evidence system rebuild is the imperial part of civil trial reform. This dissertation, basing on the theory of the relationship between civil litigation mode and civil evidence system, is devoted to discussion of the specific maritime evidence rules in Chinese maritime trial practice.Through the comparison of legislation of evidence system in countries belonging to different litigation modes, The Part one finds out the underlying relation of civil evidence rules and litigation mode. The difference of ex officio system and adversary system determines the diversities of evidence system from nature to contents. However, the absolute domination of either system is weakening in modern civil trial reform trends in the worldwide, and replaced by the mutually reference. This is also the direction of our civil evidence system constituting. The enhancement of more dynamic evidence rules to reinforce the litigants' and their lawyers' participating power while cutting down the judge's controlling power is a must to push forward the modern civil trial reform.The Part two focus on two particular maritime items in evidence system, i.e. evidence investigation procedure and expert evidence. By studying the relevant provisions and maritime practice of English courts, we analyses the problems existing in our present legislation. To further consummate Chinese maritime legislation, this dissertation argues that for one thing, a dynamic evidence investigating system including a real discovery procedure shall be established to ensure the maritime evidence obtaining and exchanging; for the other thing, the legal status of maritime expert shall be clarified in law and relevant system as to the restriction and operation of expert evidence shall be built up to satisfying the raisingtechnical consulting demand in maritime trial. However, considering that it is also part of the appraising system restructuring, an alternative is to enact a series of interpretation of present legislation to serve the maritime trial.Through above study, the writer makes some suggestion to the reconstruction of Chinese evidence reform, mainly about the special evidence rules and procedures of maritime litigation. Finally, the writer heartily wishes to abstract more attention and research power to the maritime evidence reform issues.Xu Jie(International law) Directed by Prof. Jiang Zhengxiong...