The Research On The Civil Liability Of Judicial Authentication

With the continuous deepening of the reform of the judicial authentication system in our country, the disputes of the civil liability of judicial authentication begin to appear, and the number is rising. Due to the particularity of judicial authentication and the lack of related legislation, it’s difficult for litigants to investigate civil liability of judicial authentication. The research train of the thesis is to analysis judicial practice firstly, then comb case dispute focuses, analysis and solve the disputes finally. The main structure is as follows:The first chapter is to analysis the judicial practice. Through the discussion with typical cases, the paper draws out procedural problems:entrusted by the parties whether to belong to the judicial authentication, the court should or not accept the civil liability litigation of judicial authentication; and substantial issues:the identification with the parties’ right of claim, differences of judicial identifications of civil liability cognizance.The second chapter is the solution way of procedural problems in the judicial practice. Firstly, it clears that litigants have rights to entrust authentication institutions before litigations for proofs and those belong to judicial authentication; secondly, through that the parties and judicial authentication institutions has direct stakes, and judicial authentication is civil behavior, it clears the court shall accept which civil liability lawsuits.The third chapter is the solution way of substantial issues in the judicial practice. Firstly, combining with the current legislation, it reviews the parties’ rights of claim, including liability for breach contract claim, unjust enrichment claim, and tort liability claim; secondly, it focuses on the tort liability of judicial authentication institutions; at last, it puts forward suggestions of perfecting our country’s civil liability system of judicial identification.