The Civil Action Authenticates The System Research

The process of litigation is just like the process of demonstration and debating. The task of the parties is providing the evidence to prove that their argument istenable, and the duty of the judges is to decide whether the process of parties'giving evidence is legitimate. The rule of authentication is a very important rule in the civil litigation, and together with the rule of giving evidence and the rule of cross examination, constitutes the heart of the whole courts hearing. The rule of the civil authentication is an important part of the rule of the civil litigation. The integration, the applicability, and the serviceability of this rule play an essential role in the civil adjudication. However, the rule of the authentication in our country has a lot of shortcomings. So, it is important to, using experience of the other countries for reference, establish a perfect rule of authentication in the civil litigation based on our own characters of the civil adjudication. For a long time, we adopt a realistic approach in the process of authenticating, and the standard of the testifying is the objective facts. This principle of authenticating has been proved to be unscientific in the theory and practice. The undeveloped legislative form of this perfect rule has appeared in the Supreme people's court's several provisions on the civil litigious evidence, and in these provisions the Supreme people's court has formed the combined rules of the system of legal evidence and the doctrine of discretional evaluation of evidence. It not only prescribes the necessary principle but also prescribes many specific rules of evidence and forms the whole effect of the judicial reform. This article starts from the understanding the meaning of the rule of the authentication, takes the history and the case law of the rule of authentication in the western country for reference, analyzes the related provisions and the problems in the rule of authentication in our own country, and puts forward the conception of perfecting the rule of civil authentication in our country.