Research On The Best Evidence Rule In Anglo-American Law

With many foreign evidential theories have been coming, academic research on the rules of evidence has become hot. What system and theory can be transplanted becomes the focus of research and thinking. The best evidence rule of the common law is one of the fundamental rules of evidence of the law of evidence. As a well-known and ancient rule of evidence ,it has entered the sector in China's theoretical perspective. Full introduction of such rules may be very difficult, but it should solve the practical problems, which we have encountered with will be the same. Through a long period of trial practice the Anglo-American law countries have accumulated rich experience, we should study further.From the meaning of the best evidence rule, this paper will introduce the background of the origins of its existence. The reasons are summarized in order to prevent from errors,fraud and confirmation of document evidence in the center of the legal status. The author introduces its formation,development,electronic evidence to the latest breakthroughs and analyses the existence of the problem according to basic national conditions in China's current system. Based on comparative study and empirical methods, the author also presents some feasibility proposals to improve China's best evidence rule on the best evidence rule draw.