1, opinion evidence rule. When marking the paper, it is found that the witness testimony is speculative and critical, and the evidence cannot be used as the basis for deciding the case;
2. Rules of evidence capacity. Mainly is the witness's age, cognitive level, memory ability and expression ability, as well as whether the physical and mental state at the time of testimony affects the testimony, and the testimony provided by the witness that he is obviously drunk, poisoned by narcotic drugs or anesthetized by psychotropic drugs cannot be used as evidence;
3. Rule of legality of evidence. Procedures and methods for obtaining witness testimony shall comply with laws and relevant regulations.
The difference between evidence classification and evidence type;
1. The classification of evidence is not stipulated by law, but a theoretical classification study of evidence;
2. The types of evidence have legal effect, and the evidence that does not have legal forms of expression cannot be used as the basis for finalizing the case, while the classification of evidence is only a theoretical explanation;
3. The standard of distinguishing the types of evidence is single, while the classification of evidence is to classify the evidence from different angles according to different standards by dichotomy.
To sum up, whether it is a civil case or a criminal case, it may involve collecting witness testimony as a trial basis, but witness testimony will be adopted by the court after cross-examination, and not all witness testimonies can be used as a trial basis.
Legal basis:
Article 50 of the Criminal Procedure Law of People's Republic of China (PRC)
All the materials that can be used to prove the facts of the case are evidence. Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of the inquest, inspection, appraisal, investigation and experiment;
(8) Audio-visual materials and electronic data.