Improve The Evidence Of The Certification System

The model of civil procedure processe in our country has developed from questioning to arguing today. In order to get adapted to this trial model, the court system in our country begins to reform the civil economic trial pattern. After the litigant has raised the evidence, the judge ought to attest the evidence, demanded by the civil economic trial reform. The contents of the evidence attesting are still incomplete in the present laws and regulations in our country, and somy theoretic common understandings on the concept attesting, such as its definition, its objects etc., have not been reached. The judge can thus attest the evidence at random, because he has nothing to refer to.This thesis analyses variant theoretic arguments about attesting and suggests that the concept attesting should be: the judge, who tries the case, and the people's assessors or the collegial panel analyze the in the trial process concerned evidence materials and further confirm them. The main body of the attesting should conform to three conditions: firstly, the main body must be the judge or the people's assessors; secondly, the main body must attend the activities of the litigant, e. g. raising of the evidence, arguing etc.; thirdly, the main body must try the case.This thesis analyzes the attesting modes in the two systems, the modern free attesting model and the present attesting situation in our country, and further concludes, that the attesting activities are restricted by the following factors: the evidence materials, submitted by the litigant and gathered by the people's court; the activities such as raising evidence and arguing, done by the litigant, and the professional level and moral of the attesting main body; the principle of life experience and the rules of the evidence.Upon the present problems about the attesting system in our country...