Font Size: a A A

Perfect China’s Authentication System In Civil Law Suit

Posted on:2014-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y D WuFull Text:PDF
GTID:2256330398487851Subject:Law
Abstract/Summary:PDF Full Text Request
With the promote of the reform in civil adjudication system in our country, Civil authentication system show a high degree importance. identification evidence in the judicial process of civil cases has a core status. Perfect civil authentication system has important significance.but the current civil authentication system of our country in the legislation is not perfect,to give the judge too much free jurisdiction in the judicial process,make the court of the evidence that lack of credibility,and then affects the establishment of the authority of the court,in consideration of our country has not set a legislative status quo of "evidence",this article through the comparative analysis the related theory about authentication system of continental legal system countries and Anglo-American law system countries. to explore the defects and reasons existing in Our country civil authentication system, On the basis of China’s civil trial conditions, Combined with the practice of practical and theoretical circles and practice, In view of the present situation of our country civil authentication system put forward concrete suggestions.The article has is divided into four parts to relateand analyze:The first Part, In view of The concept of the civil litigation certification and The content of authentication, and defines and discusses the value and certification system.The second Part, Detailed analysis of the certification system of the two legal systems.Compares the mode of authentication,the rules of authentication,the methods of authentication,the evidence ability and Probative value between the continental legal system countries and Anglo-American law system countries, and The beneficial enlightenment to our country certification system.The third part, According to the analysis of the present situation in our civil authentication system, form the lack of perfect system from civil authentication, the influence of the traditional judicial habit andThe particularity of the certification activities of understanding is not in place and other reasons,to understand depth of authentication system in our country.The fourth part, For the existence of civil authentication system problems in our country at the present,Put forward four measures to the certification system of civil litigation:Establish free heart certificate combined with legal evidence of authentication mode, Reconstruction of the civil litigation Authentication rules,To improve the way of civil authentication,To accelerate the legislation of Civil Evidence and establish procedures to safeguard mechanism.
Keywords/Search Tags:The Civil litigation, The Certification system, Authentication rules, Competence of evidence
PDF Full Text Request
Related items