Civil Litigation Certification System Research

With the development of the reform in the civil economic trial pattern, the rule of civil authentication has been an important part of the rule of the civil litigation. However, the rule of the authentication in our country has a lot of shortcomings. This article starts from the understanding the meaning of the rule of the authentication, takes the history and the case of 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, based on our own characters of the civil adjudication, and puts forward to the conception of perfecting the rule of civil authentication in our country.The article has four parts.The first part describes generally some basic questiong, such as the meaning and elements of authentication, the methord of authentication, and the value of the authentication system.The second part studies the authentication system of the Continental law system and Anglo-American law system in detail, compares the main body of the attesting, the basis of establishing authentication standard, the mode of authentication between the Continental law system and Anglo-American law system, and it gives the evaluation on the advantages and disadvantages of them, and the inspire to authentication system of our country.The third part studies our Present situation of the authentication system, analyzes the problems about the judge discretionary evaluation of evidence, how to use the traditional theory and currentlaws, and the operation level of the judge,in order to comprehend our authentication system enough. The fourth part rooted in our Present situation of the authentication system, it improves some specific measures combining with our Present situation from the following four aspects:selecting modern the system of discretionary evaluation of evidence, setting up complete and public authentication system, perfecting the civil litigation rule of authentication, and setting up high-calibre judge group.