The Research About Authenticity Of Documentary Evidence In Civil Procedure Law

As one of the important types of evidence in our country, Documentary evidence use itsidea or content to prove the facts. According to the Civil Procedure Law, when the judgemake a judgment，he must base on the law and the facts. The cognizance of the fact dependson the evidences provided by the parties and the judge gets the facts from the evidence. So itfollows that evidence is the key of litigation theory and judicial practice and it also a difficultyin litigation. If they can reasonably and effectively apply the evidence, it could promotejustice and improve the efficiency of lawsuit. Further more, it can protect the rights andinterests of the parties. The evidence which the parties submit to the court must be review theauthenticity, relevance and legitimacy. But in the procedural activities, due to the lack ofavailable judgment rules of the authenticity of documentary evidence for judges to follow, onthe one hand, it is easy to result in injustice or litigation delay. On the other hand, it will resultin the decrease of the trust of the parties. So it should consider taking measures to perfect thesystem of authenticity of documentary evidence on the foundation of present situation ofpresent situation.With the authenticity of documentary evidence as the research object, this dissertation isdivided into four parts.The first part is the summary of documentary evidence including the meaning andclassification. And it also points out that the authenticity of documentary evidence has formalauthenticity and substantial authenticity. Formal authenticity is the basis of substantialauthenticity. When the documentary evidence has substantial authenticity, it must have formalauthenticity. The authenticity of documentary evidence should be the unification of formalauthenticity and substantial authenticity. At the same time, the first part defines thesignificance of writing.The second part is extraterritorial authenticity system of documentary evidence. Itintroduces the censorship of authenticity of documentary from Anglo-American law systemand Continental law system. Anglo-American law system has authentication and bestevidence rules. They develop and improve constantly in order to adapt to society. There arealso detailed articles about authenticity in Continental law system, especially in France. The third part analyzes the present situation from the aspects of legislation, practice andtheoretical views. Legislative institution pays little attention on the authenticity. The rulesabout it are too principled to handle. It results in the shift of the burden of proof between twoparties and hindering finding out the truth. Scholars notice the problem in the operating aspectand seek solutions to authenticity.The fourth part is suggestions about how to perfect and build the rules of authenticity ofdocumentary evidence. At first, it discusses target of perfection. Then it analyzes thefeasibility of using outside system in our country. This article focuses on the specificsuggestions about improvement of authenticity of documentary evidence.