The difference between original evidence and transmitted evidence lies in whether it is "first-hand" information. If the witness's testimony is obtained first-hand, it is original evidence. If it is relayed and obtained from others, it is derived evidence (passing evidence). Therefore, witness testimony may be original evidence or derivative evidence, depending on whether it is "copied". If the facts proved by witness testimony are directly obtained in person at the scene, then witness testimony is the original evidence; If the facts proved by the witness's testimony are not directly obtained in person, but relayed from his population, then the witness's testimony is to transmit evidence.
(2), oral evidence or physical evidence
Verbal evidence is evidence expressed in language, such as documentary evidence and expert opinions. Physical evidence is physical evidence, such as physical evidence. Obviously, witness testimony is expressed in the form of words and belongs to verbal evidence. Verbal evidence, as far as its content is concerned, is the fact related to the case directly or indirectly perceived by the declarant, and its statement is often fixed on a certain carrier. The content of witness testimony is written record, and written confession is the carrier. However, regardless of its carrier, the content of the record is still the facts of the case stated by the presenter. Therefore, the above evidence cannot be regarded as physical evidence because the carrier is physical.
(3) Direct evidence or indirect evidence
The so-called direct evidence is the evidence directly related to the main facts of the case, that is, the evidence that can directly prove the main facts of the case. The so-called indirect evidence refers to the evidence that is indirectly related to the facts of the case to be proved. It cannot directly prove the facts of the case alone, and it needs to be combined with other evidence to prove the facts of the case. Indirect evidence is also called indirect evidence. The so-called main facts of a case are the facts that are of key significance to the determination of a case dispute or the settlement of a lawsuit dispute. In different kinds of litigation, the main facts of the case are also different. The main fact of a civil case is the fact that the disputed civil legal relationship between civil parties occurs, changes and disappears; The main fact of administrative litigation cases is whether the specific administrative act of administrative organs exists and is legal; In criminal proceedings, the main facts of a case refer to the relevant facts about whether the criminal suspect or defendant has committed the alleged criminal act. The key to distinguish whether a witness's testimony is direct evidence or indirect evidence is to see the probative force of the evidence and whether it can directly prove the facts of the case.
Second, the latest witness testimony model witness testimony model 1
Witness testimony
Witness: Li XX, male, Han nationality,1born in March, 970, a teacher in Tsinghua University, living at No.302, Building 6, ganjiakou, Haidian District, Beijing. ID number: * * * * * * * * * * * * * * * * * * *
Contact information:139010 * * * * * *
Witness contents:
On June 5438+1October 2 1 day, 2007, the general manager of Zhejiang Taizhou * * * Electric Vehicle Co., Ltd. came to Beijing to negotiate with me, and I authorized him to use my national patent ZL 200602 * * * * * and provided the patent drawings. May 2007 1 1, went to Taizhou, Zhejiang Province for equipment debugging and sample identification.
Witness: (signature)
date month year
Attachment: copy of witness's ID card.
Witness testimony mode 2
Witness testimony
Contact information:136 * * * * * * *
Witness contents:
On the morning of June 5438+1October 265438+1October 2007, I went to xx, Building X, xx Park, xx District to repair the leaking heating pipe. At about 10 in the morning, after the owner and the property management company confirmed that the main valves of heating and water supply in the building had been closed, I unscrewed the slipknot of the kitchen radiator and began to drain water. At 4 o'clock in the afternoon, Master Zhou of the property management company came to xx's home in Building X, and asked us to inform him to turn on the main valves of heating and water supply after it was repaired. Until around 8 pm, it is still impossible to judge when the accumulated water can be completely drained. Therefore, I cleaned up the scene after dinner. I knew that there wouldn't be too much water and no pressure left in the system, so I took a loose joint but didn't tighten it to drain the water from the pipeline so that it could be repaired completely the next day. I told the owner to come around 10 the next morning and wait until the water is completely drained before repairing. 65438+1 On the morning of October 22nd, I went to xx's home in Building X, and found that the heating pipes in my home had already supplied water, so I soaked the 2207 and 2 107 in Building X. After I helped them clean up the accumulated water on the ground, I drained it for another day before cleaning it up, and then I finished the maintenance work.
Witness: (signature)
date month year
Attachment: copy of witness's ID card.
Three. How to determine the validity of witness testimony? Witness testimony should be the objective information related to the case heard by the witness, that is, the facts and controversial facts that cause the occurrence, change or elimination of civil legal relations. As long as the testimony provided by the witness can clearly state these facts, the witness is not required to make a subjective evaluation of these facts. Therefore, the facts unrelated to the case stated by the witness should not be used as the content of testimony; Nor can the analysis and understanding of witnesses or legal evaluation be used as evidence. Witness testimony should be what you saw and heard personally. If it is the so-called hearsay testimony that others have seen or heard, it cannot be used as the content of witness testimony. When analyzing witness testimony, the people's court must also find out the identity of the witness and its relationship with the parties. Then, carefully analyze and study the subjective and objective factors of witnesses.
As for the subjective factors of the witness, we should consider his cultural level, his understanding of things, his cognitive ability and expressive ability. As far as its objective factors are concerned, we should consider the objective environment of the witness at that time, such as light and shade, distance, indoor or outdoor, noisy or quiet and so on. When analyzing and judging witness testimony, we should comprehensively analyze and study all cases and other evidence. Only in this way can the authenticity and validity of the testimony be determined.
The above is to give you a detailed introduction about what evidence the witness's testimony belongs to. Through the above, I believe that everyone has a certain understanding of the testimony of witnesses.