After the court accepted the case, some transcripts were taken from the public security organs to review Zhao's case. Witnesses and Zhao's lover confirmed the fact that Zhao and his lover lived together outside.
The court accepted the transcript of the public security organ and held that Zhao was living with others outside, and Qian's divorce met the legal divorce conditions and was granted. On the issue of property division, the court awarded the house and daily necessities to his wife according to the principle of taking care of the innocent party, and at the same time sentenced Zhao to pay his wife 20 thousand yuan in mental compensation.
Analysis according to law
As long as it can prove the true situation of the case, it can be used as evidence, so in this case, although it is a transcript of a criminal case, it can still be used as evidence of a civil case as long as it meets the requirements of objectivity and relevance of evidence.
First of all, look at the factual content reflected in the transcript and whether there is objectivity in its connection with the facts of the case. Secondly, it is of practical significance to see whether the contents reflected in the transcript are related to the case. Third, look at whether the contents reflected in the transcript have a legal form and whether the contents of the transcript are made and collected in strict accordance with the law.
The record of investigation plays an important role in China's litigation and is an evidence system formed in China's long-term judicial system. It has the following functions: (1) fixing the evidence of the case and reproducing the factual process of the case. If the public security organ promptly investigates and collects evidence from the insider after the public security case occurs, it will help to fix the facts of the case. In the case that some evidence may be lost or difficult to obtain later, such as witness's death or going abroad, investigation record is also an important way to preserve evidence. (2) The investigation record is conducive to ensuring the smooth progress of litigation activities. In some cases, the evidence submitted by the original and the defendant is evenly matched in probative force, and there are contradictions and frictions between the evidence, so it is difficult to choose. In this case, the court starts the investigation procedure and collects objective, comprehensive and true transcripts, which is conducive to closing the case in time and ensuring the smooth progress of litigation activities.
skill
The record of investigation often does not exist alone in a case, so we should pay attention to the observation and judgment of the relationship between individual evidences. On the premise of comparability, the examined evidence is consistent. If all the investigation records point to the same fact more consistently, it can be considered that this fact is true. If it is a fact pointed by a few investigation records, the credibility is relatively poor.
-Quoted from Yanbian People's Publishing House, Master of Law.