On The Authenticity Of Documentary

We live in the times when the technology quickly developed. The people social interaction is frequent and complicated. The transaction is on the increase accordingly, especially the economic transaction. It inevitably involves contract and agreement. Documentary evidence plays a great role once the contract or agreement is disputed in this transaction from the old. We must prove the truth of the documentary evidence when we use it. especially the close.The close of documentary evidence is the basis of authenticity, coherence and relevance, which is a part of documentary evidence. It is partwhole relation. The proof of truth is vain without any of them. We should prove a documentary evidence from all aspects, making a judgment according to the theory and method of systematic examination. If the close is real, inspect the main body then. If the close is fake, we could overrule the competency of documentary evidence.Firstly. The close includes writer, date and annotation. The category of close includes signature, seal and fingerprint. With the develop of technology, signature is not limited to handwritten signature. The use of e-signature is more and more widespread. The reality of signature, seal and fingerprint is proved by expert evidence.Secondly, the proof of truth about signature, seal and fingerprint must comply with the best evidence rule and strict proof rule. In China, the application of the best evidence rule need be improved.Last,1 will put forward a few advice combined with specific rules in the practice. First, the management of seal and fingerprint record should be normative and systemic. Second, Judicial expertise plays a great role in facts of a case and evidence examination. Expert opinion influence the judge more or less. The expert evidence is more and more widespread, but legal provision has not been proved. We should improve expert evidence, which includes the followings. Stipulate the qualification of identifier and expertise organization and supervise them:The time of putting forward an expert evidence; Identifier in court system and play a full role in people assessor and expert advisor; The judge should supervise the whole expert evidence. Third,I will put forward some improvement measures in the best evidence rule, judge’s discretionary power.