On The Proof Of The Authenticity Of Private Documents In Civil Litigation

Private documents are more common in people's daily life.In recent years,the problem of authenticity of private documents in judicial practice has often become the focus of disputes between the parties in the proceedings,which affects the success or failure of litigation,especially in private lending litigation.The loan voucher is the key evidence to prove the establishment of the loan relationship.However,at present,the legal norm in China faces the fact that the authenticity of the private document should be clearly defined by the party and the judge how to judge the authenticity of the private document.The theoretical level has not yet formed a unified view.The double-level lack of the theoretical level and the legal norm level makes the judgments made by the judges in the judicial practice inevitably present the scene of "different judgments in the same case." Therefore,based on China's current real dilemma,systematic research and analysis on the authenticity of private documents has urgent practical significance and theoretical guiding importance.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the presentation of the problem.This part clearly points out the real dilemma of the proof of the authenticity of private documents in China,and analyzes the actual dilemma from the three perspectives of legal norm,judicial practice and civil litigation theory to show the true meaning of the private documents.The research on pseudo-proven thesis has great significance and necessity,and at the same time clarifies the writing purpose and writing direction of this thesis.The second part is the definition and development of the proof of the strength of the private document.This part mainly focuses on the basic concepts of the proof of private documents and their related content.It focuses on combing and comparing the relevant concepts and connotations of the formal proof of the private documents with the substantive proofs,so as to clarify the basic concepts.The proof of this article and the platform that establishes the topic of this article.The third part is to solve the basic idea of the dilemma of the authenticity of private documents,that is,the staged proof that the private documents are truly established.This part first points out that many scholars will be included in the framework of the burden of proof in the framework of the burden of proof as a substantive fact of the supporting facts,and based on the combing of the concepts and theories related to the burden of proof,introducing "specific proof of responsibility",on this basis Propose the concept of staged proof of the authenticity of private documents.Furthermore,the structure and specific content of the analysis staged proof are embodied,and the presumptive rules and viewpoints adopted by the major countries and regions of the civil law system in judging the authenticity of the private documents are investigated and used for the authenticity of the private documents.The solution to the dilemma establishes some type or phased practice rules or pointers.The fourth part is the specific analysis of the main means of solving the disputes over the authenticity of private documents.The authenticity of the signature is one of the constitutional powers of the private document.It is also the starting point for the establishment of the private instrument by the initiation of the presumption mechanism.Therefore,the proof of the authenticity of the private document is often translated into the true proof of the signature of the private document.This section discusses it more specifically because it is the main way to prove the authenticity of the signature.From the aspects of identification type,applicable conditions,characteristics and the distribution of “assessment responsibility”,it not only responds to the question of “who should apply for identification”,but also the phenomenon of excessive use of identification methods.The review advocates that both the parties and the judges should pay attention to the multi-channel and multi-faceted proof and recognition of the true establishment of the private documents,and exert their respective subjective initiative and enthusiasm.