Abstract:The concrete cases in judicial practice can reveal the difficulty of deciding who should prove the reality of private documents, and this problem is often called the burden of proof on the reality of private documents. As the law and judicial explanation have not provided definite rules on this problem, we can’t allocate the burden of proof well even with the help of the judicial practice experience. It seems the rules of other countries can resolve this problem, but actually they only have the contextual reasonability in their own judicial system. So we should return to our laws and apply the legal dogmatic to seek for the resolution which can fit our current legal order.With the help of the Norm Theory and the theory of facts in lawsuit, the analysis of legal dogmatic finally shows there is not “the burden of proof” but “the necessity of proof” in the problem of reality of private documents. The undertaker of this necessary should be decided by the consideration of the specific situation of cases.
袁中华. 民事诉讼中文书真伪的“举证责任”问题[J]. 法学家, 2012, 0(6): 126-136.
YUAN Zhong-Hua. The Problem of “Burden of Proof" about the Reality of Documents in Civil Procedure. , 2012, 0(6): 126-136.