船舶碰撞诉讼证据采证标准探讨

On Evidentiary Admissibility and Weight in Respect of Ship’s Collision at Sea

船舶碰撞诉讼证据采证标准的确定是以心证规则主义为理论引导的。对心证规则主义理论的塑构是确定船舶碰撞诉讼证据采证标准的理论基石。具体到船舶碰撞诉讼证据采证行为,这种标准应该是更高要求的采证标准,这是由船舶碰撞诉讼活动自身的内在特点、规律和船舶碰撞诉讼中存在的调整船舶碰撞的法律、国际公约或航海惯例所决定的。

The establishment of the standard of evidentiary admissibility and weight in respect of ship’s collision at sea is guided by the principle of free intention, which lays the foundations of reconstruction of the litigation evidence. Considering the litigation evidence in respect of ship’s collision at sea, the standard of evidentiary admissibility and weight in respect of ship’s collision at sea that demands high level requirements, normally is determined by the following factors: the distinctive characteristics of litigation evidence in respect of ship’s collision at sea, the laws and rules or navigational usage regulating the legal relationship caused by ship’s collision at sea.