Commenting On Judicial Authentication System Of China

Judicial authentication is an important lawsuit system.In our country, lagged academic study on judicial authentication, and the simple legislation of it,lead to various drawbacks in practice, which make it not so authoritative and provable and trusty ,and hinder from judicial fairness and lawsuit efficiency, dissatisfy the public, and become a outstanding problem puzzling court system.And some departments of our country has already paid attention to these problems.However, on fundamental theories of judicial authentication,such as its concept and how it should be,there has no accordant opinions.This essay analyses and defines the concept of judicial authentication ,make a elementary study on its essence, status, characteristics and functions,and reviews and analyses judicial authentication of Anglo-American law system and Continental law system countries, summarizes the general contents of such system of our country, analyzes the drawbacks of it, relating to the leading status of the court, right-ensuring for the parties, authentication departments subject to court, authentication expert and his appearing in court,and so on. Then, based on all of these,the essay studies the necessarity of reforming and perfecting this system of our country, puts forward the valuation aims, the patterns and some material propositions of it.