Research On The System Of China's Civil Certification

The civil approval procedure is the important component of the civil evidence system, civil authentication plays an essential role in the civil activity of proving. As everyone knows, the authentication case fact is prerequisite and foundation of the applicable law, and case fact has all already become " the past tense ", judges are in the face of party's offering or evidence which the court collects by oneself, how examine these evidences, judge, assert case fact become key question of the lawsuit right away on this basis. The judge, to the examination, judgment of the evidence, is the authentication as connecting putting to the proof too, cross-examination and pivot link of applicable law are paid close attention to by people day by day. However, it's a pity there is no single evidence to legislate at the present stage in our country, asserting that mostly exist in some procedure laws to authentication, and content overly principle, lack systematical and effectiveness. And the theoretical research of approval procedure is very confused, do not play the due guidance function.In view of this, this text proceeds with basic conception, after the deep analysis of authentication theory of evidence to every scholar, the concept of putting forward authentication clearly should be: Civil authentication is that the judge examines evidence that the party offers or collects by oneself, judges, and have credibility and identification strength and prove the lawsuit activity that the size of strength asserts to it. It has the following characteristics: (1)Authentication is the enforcement of a kind of common power; (2)Authentication is a kind of heart activity of the judge's; (3)Authentication should be disclosed. The key element of the civil approval procedure includes the subject, target and content of civil authentication, the setting-up of this system helps to realize just value; Help to improve lawsuit efficiency; Help to improve the public trust of the judgmentThis text proceeds with evidence authentication mode that two fundamental laws and principles are, pass to prophesy, legal, free heart card system and regular detailed exposition of authentication in foreign countries, the completion of the approval procedure of our country plays a certain assisting arriving role. Based on the current situation of the evidence approval procedure of our country and existing problem, on the basis of combining relevant regulations of foreign approval procedure described above and operation regulation to analyze and research, point out the approval procedure of our country has the following defects: The applicable principle of authentication is not scientific; Referee's person power to lack freedom and judge of the evidence the evidence proves strength; Authentication is not open and clear enough; Judge in the heart card system of freedom is subjective and random and too big; Lack the detailed evidence rule. To the problem described above, I have proposed relevant completion to propose: Implement the independence abiding by laws, disclose the fair authentication principle strictly; Improve the rule of asserting that the evidence proved strength; Set up the objection system of evidence authentication; Set up relief of evidence authentication and restriction mechanism; Reform and improve the system of the judgment document; Further improve the evidence rule of our country.Through the theoretical research herein, relevant problems existing to the civil approval procedure of our country put forward some complete suggestions, expect to find the route to improve civil approval procedure of our country on the legislative aspect.