证据是指在诉讼过程中能够证明案件情况的一切事实，“证据形成于案件过程，取得于诉讼过程。”①因此，它既属于程序法的内容，也在实体法当中有所规定。海事诉讼是民事诉讼的一个分支，适用民事诉讼的证据规则和证据制度。但由于海事案件的特殊性，海事实体法和海事程序法中 Evidence refers to all the facts that can be used to prove the circumstances of the case in the process of litigation. “Evidence is formed in the case and obtained in the process of litigation.” Therefore, it is not only the content of the procedural law but also the substantive law. Maritime lawsuit is a branch of civil lawsuit, which applies the evidence rules and evidence system of civil lawsuit. However, due to the special nature of maritime cases, maritime substantive law and maritime procedural law