Reform On The Judicial Authentication In China

Being a part of evidence system , judicial authentication is one of the most important elements of judicial authentication reform , which presents scientific evidence methods for complicated proceedings , and the conclusion of which , as one lawful evidence , has essential influence on the trying of various cases . Therefore, it's extremely important to have research on judicial authentication with theoretically and practically.The paper is mainly based on comparative research of judicial authentication and stresses the current reform of judicial authentication in china.The paper has two parts, the first part analyses the judicial authentication of several typical countries, which belongs to either continental law system or Anglo-American law system, and from the macrocosmic angle , demonstrates the difference of judicial authentication in the two law systems . the specific comparative research is concerned with the main contents of judicial authentication, such as the belonging of authentication power , the qualification of authenticates, the choosing of authenticators, the procedural position of authenticates and being present in court of authenticators. Based on the above comparisons and analyses, the conclusion is drawn that modern judicial authentication trends to be a mixed model.The second part firstly sets forth a deep analyses of the characters andexisting problems in the practice of judicial authentication in China and then with the above analyses and the evidence legislation being currently performed in China, puts forward the future prospect of the principle, the aim and basic plan of judicial authentication reform in China.