On The Audit Found Evidence In Civil Litigation System

With the further development of reform in civil proceedings in China, there has been constructive research and study in the issues of authentication of evidence among legal scholars and judicial practitioners, The People's Supreme Court has made some provisions in Several Provisions Relating to Evidence in Civil Proceedings on the issues of authentication of evidence. , However, they are too simple, too general, and was not systematic and in lack of practicability, The legislation thereof is not to some extent in consistence with the judicial interpretation, Legal scholars hold different ideas toward the civil authentication system. This problem results in the confusion of the judges in determining the legality of the evidence in the practice of the civil proceedings, and therefore the different conclusion when determining the same evidence by different judges or courts, which greatly affects the authority of the judiciary. This paper focuses on the practical issues occurred in the content of the authentication, its principle, its standard and the guidelines. , It starts from the definition and content of the authentication with respect to the theoretical research in the issues of authentication and the relevant judicial practice in China, First, it makes clear what authentication is, that is, the definition, characteristics and content of the authentication. Then the value of the authentication system is analyzed. ? Further, it studies the detailed content of the authentication system, mainly on the principle, as well as the establishment and perfection of the civil authentication system in China. Rooted in China's practice, this paper puts forward a suggestion of a civil authentication system suitable to China's situation from a legal perspective, aiming at solving the detailed problems in the practice of China's civil proceedings, with reference to the analysis and studies of relevant provisions adopted in two legal families in the world.