1. The legitimacy of evidence includes the legitimacy of the subject of evidence, the legitimacy of the form of evidence, the legitimacy of the way of obtaining evidence and the legitimacy of the evidence procedure. 2. The subject of the evidence is legal. The subject of evidence refers to the individual or unit that constitutes the content of evidence. The subject of evidence is legal, which means that the subject of evidence must meet the requirements of the law. 3. The form of evidence is legal. The legitimacy of the form of evidence means that as evidence, not only the content is true, but also the form meets the requirements of the law. 4. The evidence is legally obtained. Whether the evidence materials collected by the parties can be used as evidence for the court to determine the facts of the case depends on whether the acquisition method of the evidence materials conforms to the legal provisions. 5. The evidence collection procedure is legal. Evidence materials will eventually go through certain litigation procedures. Without the procedures prescribed by law, the evidence still cannot be used as the basis for finalizing the case.
Legal objectivity:
1. What do you mean by the legality of the evidence? Legitimacy is one of the basic characteristics of valid evidence. For the discussion of other characteristics of evidence, please refer to the relevant content in the section of Criminal Procedure Law. The legitimacy of civil evidence means that in civil litigation, the evidence that determines the facts of a case must meet the conditions prescribed by law and not be prohibited by law, otherwise it will have no evidence effect. The requirement for the legality of evidence aims at ensuring the authenticity of evidence and safeguarding the legitimate rights and interests of others or other organizations, which embodies people's dual requirements for procedural justice and substantive justice. Second, what does the legality of the evidence include? 1. Legality of evidence-legality of subject: legality of subject of evidence. The subject of evidence refers to the individual or unit that constitutes the content of evidence. The subject of evidence is legal, which means that the subject of evidence must meet the requirements of the law. The illegality of the subject will also lead to the illegality of the evidence. The requirement of the law on the subject of evidence is also to ensure the authenticity of the evidence. Therefore, according to the characteristics of evidence, the law sets corresponding requirements for the subject of some evidence. 2. Legality of evidence-Formal legitimacy: Formal legitimacy. The legitimacy of the form of evidence means that as evidence, not only the content is true, but also the form meets the requirements of the law. For example, the certification documents submitted by the unit to the court must be signed or sealed by the person in charge of the unit and stamped with the seal of the unit; Guarantee contract, mortgage contract, etc. It needs to be proved by written contract text. 3. Legality of evidence-legitimacy of acquisition: legitimacy of evidence acquisition. Whether the evidence materials collected by the parties can be used as evidence for the court to determine the facts of the case depends on whether the acquisition method of the evidence materials conforms to the legal provisions. The law stipulates that the method of obtaining evidence must be legal, so as to protect the legitimate rights of others from being violated by illegal evidence collection. 4. Legality of evidence-legality of procedure: legality of evidence procedure. Evidence materials will eventually go through certain litigation procedures. Without the procedures prescribed by law, the evidence still cannot be used as the basis for finalizing the case. This procedure is the cross-examination procedure of evidence. "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (hereinafter referred to as "Evidence Provisions") stipulates that evidence should be presented in court and cross-examined by the parties. Evidence without cross-examination cannot be used as the basis for determining the facts of the case. The evidence recognized and recorded by the parties in the process of evidence exchange can be directly used as the basis for determining the facts of the case without cross-examination after being explained by the judge in the trial. The legitimacy of evidence can be said to be the key to its adoption. After all, illegally obtained evidence infringes on certain legal interests, so courts usually don't accept it. Therefore, when collecting evidence, the parties must ensure that the evidence is legally obtained.