Research On Investigation Procedures Of Civil Documentary Evidence

The application of documentary evidence in civil proceedings including the collection system of documentary evidence, the problem of documentary evidence's manuscript, and recognize the authenticity of documentary evidence. These constitute the main elements of documentary evidence investigation in civil proceedings. Legal provisions of all aspects of documentary evidence investigation scattered among the laws in world's major countries and regions, and there's no relation between them. China's relevant provisions are simple and flaws abound. The relevant provisions of the civil documentary evidence investigation is scattered and cluttered, lead to the inconvenience and confusion of documentary evidence in civil judicial practice. So, there have a realistic necessity to integrate the way, procedure and process of civil documentary evidence investigation into a set of complete mechanisms——Investigation procedures of civil documentary evidence.The investigation procedures of civil documentary evidence provided a specific space for the investigation of civil evidence. Documentary evidence's collection, examine and judge are relying on this specific background. The investigation procedures of civil documentary evidence have more significant theoretical and practical value. In theory, by way of analyze the basic issues, methods and mechanisms of the investigation procedures of civil documentary evidence, accurately grasp the basic principles of its operation, laid a compacted foundation for other types of evidence to establish a special investigation procedure. In practice, demonstrate and analyze the various issues in trial practice, and provide some operational recommendations, provide the methods and guidelines of review and determine the documentary evidence for judges.This article adopted comparative and analysis method. Summarized the relevant provisions of documentary evidence investigation in other countries or regions and compared which one is better; analyzed the problems and reasons of our documentary evidence investigation. Then presented the basic framework and operating procedures of the investigation procedures of civil documentary evidence in China.The first part is an overview of the investigation procedures of civil documentary evidence. Introduced it's definition and it's applied scope, the main part focused on whether audio-visual materials belongs to documentary evidence. The second part is documentary evidence investigation in pre-trial process, also known as collection system of documentary evidence. This section described the collection system of documentary evidence in other countries or regions; analyzed the problems in our collection system. On the basis of a comparative analysis, proposed some recommendations for the improvement of China's relevant provisions.The third part is documentary evidence investigation in trial process. It's a substantive examination of documentary evidence, which includes two aspects: the first aspect is the problem of documentary evidence's manuscript, and the second aspect is how to recognize the authenticity of documentary evidence. Because of space and information are limited, this article only discussed the formal authenticity of documentary evidence. This part also described relevant provisions in other countries or regions firstly, then analyzed the defect in our law and raised some solutions.