Research On The Best Evidence Rule

With many foreign evidential theories have been introduced, academic research on the rules of evidence has become a hot spot of the academic community. The law of evidence in Common law countries, over a long period of trial practice, has being accumulated a wealth of experience, is worthy of further research. The best evidence rule of the common law is one of the fundamental rules of the law of evidence. In the recent years, as a very important development and becoming the more sophisticated system of the common law, the best evidence rule is becoming the focus of domestic scholars’ study and reflection. To study the best evidence rule and to learn from it, we can close the gaps in legislation on the rules of evidence legislation and solve our country’ s documentary evidence problem. It has practical significance, and is also conducive to promoting the unified rules of evidence and to build our system specifications.The thesis is divided into four parts. In the first part, departure from the basic concepts of the best available evidence, by the interpretation of the basic meaning and comparison among the concepts of evidence related to the best evidence rule, it aims to define the best evidence and understand the core substance of the best evidence rule. In order to obtain a comprehensive study of the best evidence rule, the second part goes on a horizontal, vertical research on the rule. From the horizontal point of view, we can be the best evidence rule the existence and development of the theoretical basis to analyze, including the prevention of errors, to ensure the reliability of the documentary evidence, the prevention of fraud and confirmation certificate in the central position of the law. From the vertical point of view, through such away of thinking as from the positive to the negative and then to the negation of the negation, it analyses and describes in detail the best evidence rule of the background, development and reflection, and breakthrough, Trying to show clearly to the reader the historical development and the theoretical basis of the best evidence rule. Through comparative studies and empirical methods, in the third part, the two systems are introduced and the two legal systems similar rules on the best evidence rule, including the UK, USA, Canada and other common law countries and civil law be certain comparative analysis. Finally, the article conducts an analysis of the best evidence law from three aspects about the purpose of the best evidence rule, the fit and the separation of the best evidence law in the modern society, and then in the understanding of our current treatment of the best evidence rule attitude and build the basis of the best evidence rule exists problem of foreign experience to build the rule to make concrete proposals. And then on the basis of the existing problems in the period of building the best evidence law in our country, the author also presents some feasibility proposals to improve China’s best evidence on the best evidence rule draw.