The Modern Development Of The Common Law Best Evidence Rule And Implications For China

The best evidence rule which is one of the oldest evidence rules of Anglo-American law system has gone through different stages of development.At the beginning stage,this rule applies to all cases and indicates that only by using the most convincing or the most persuasive proof can a party prove the truth of the fact in a certain case.But after several modification,the best evidence rule has been confined to the field of documentary evidence,and has became the main rule to adjust the documentary evidence,specifically,the relationship between the original and the corresponding copy.Along with the social economy development and the progress of science and technology,common law countries has set down detailed rules to define a "original" or a "cope" and regulates the exception to the best evidence rule under which the copy shall be admissible to prove the disputed fact.This progress reflects the constant sublimation of people’s knowledge of the best evidence rule and accords more with the modern litigation and the development of modern times.This paper tried to analyze the source,formation and development of the best evidence rule,especially point out the electronic evidence introduced to the procedure may have an important influence on the best evidence rule.In this paper,the comparison research and empirical method has been used to draw the conclusion that the best evidence rule of common law system can be used as a reference to solve the problems in relevant Chinese legal system under China’s basic national conditions,and eventually put forward some feasible suggestions to perfect our country’s best evidence rule.In this paper,"On the modern development of the common law best evidence rule and Implications for China" in the title,the main text is composed of five parts.Part Ⅰ Overview of the best evidence rule of the common law system.The main part of the best evidence rule from the source in the Middle Ages and in the modern context.Part Ⅱ Study of legislation of the best evidence rule of the common law system.This section first reviews the relevant legislations of both the United States and the United Kingdom,and then analyzes the modern development of the best evidence rule of the common law system;the establishment of secondary evidence rule is described later in the analysis of the modern challenges faced by the best evidence rule.Through this part of the discussion,the main purpose is to elaborate the best evidence rule of the common law system for later analysis of the rules of the inspiration in China.Part Ⅲ The relevant provisions of the Civil Procedure Law of the PRC.This part of the analysis of the relevant legislation of the PRC,the best evidence rule provides that focuses on the general provisions of the documentary evidence and the exceptions provisions as well as the original and the copy probative force provisions.Part Ⅳ The differences between China and common law system and genetic analysis of the relevant legislation.This section pointed out that the legislative differences start from the legislation,the scope of application,related concepts and to analyze the reasons of differences.Part Ⅴ The revelation of the best evidence rule in common law system.Start this section with empirical thinking triggered a debt disputing case first,and analysis significance of the rule in China and give recommendations in respection of the legislation,definition,and the scope of the applications,to improve the relevant provisions regarding to the best evidence rule in China.