Legal analysis
Similarities and differences of the types of evidence in the three major procedural laws: (1) Differences of the types of evidence in the three major procedural laws: the burden of proof is different: in criminal proceedings, the burden of proof of the crimes committed by criminal suspects and defendants and the severity of criminal responsibility is borne by judicial organs, procuratorial organs and investigation organs, while criminal suspects and defendants do not bear the responsibility of proving their innocence in principle. The burden of proof in administrative litigation is borne by the administrative organ as the defendant. The burden of proof in civil litigation is that the parties bear the corresponding burden of proof according to their own opinions. The types of evidence stipulated by law are different: the victim's statement, the confession and defense of the criminal suspect and the defendant are the unique types of evidence stipulated by the Criminal Procedure Law. On-the-spot record is a unique type of evidence stipulated in the administrative procedure law. The object of proof is different: the object of proof in criminal proceedings is mainly the facts about the constitutive elements of criminal acts and the circumstances of sentencing. The object of proof in the civil procedure law is mainly the fact that civil disputes arise and develop and the fact that civil legal relations constitute elements. The object of proof in administrative litigation is mainly the facts related to the legality of the specific administrative act being sued. The procedural rules of proof are different: the unique proof procedure in criminal proceedings is the proof rule in the process of investigation and prosecution. The special rules of proof procedure in civil procedure are embodied in the principle of punishment and the principle of debate. The special proof procedure rule in administrative litigation is that the defendant shall not investigate the mobile phone evidence from the plaintiff and the witness himself during the litigation. (2) Similarity of the types of evidence in the three major procedural laws: 1. Objectivity: refers to the fact that all litigation evidence must exist objectively and not be transferred by people's subjective will. 2. Relevance: It means that litigation evidence must be intrinsically related to the facts of the case it proves. 3. Legitimacy: Evidence must be provided, collected, investigated, reviewed and verified in accordance with legal provisions and procedures.
legal ground
Article 50 of the Criminal Procedure Law of People's Republic of China (PRC) All materials that can be used to prove the facts of a 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 inquests, inspections, appraisals, investigations and experiments; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.
The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.
Article 31 of the Administrative Procedure Law of the People's Republic of China * * * The parties and their legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.