In civil litigation, the parties sometimes take the facts involved in the trial transcript of this case as evidence of another case, or in cases with the same legal relationship, the plaintiff in the former case withdraws the lawsuit and then prosecutes, and the defendant in the latter case takes the trial transcript of the previous case as evidence.
1. Judging from the source of the trial transcript, it can be used as evidence. The trial transcript is not only a record of trial activities, but also the most important thing is to fix the relevant evidence of the case in the form of words. From the point of view of criminal procedure, Article 48 of the newly revised Criminal Procedure Law of 20 12 clearly stipulates that all materials that can be used to prove the facts of a case are evidence.
2. Judging from the manifestations of court transcripts, they can be classified as documentary evidence. Documentary evidence refers to the evidence that proves the facts of a case with words, symbols, graphics and other recorded contents. Or expressed ideas. Therefore, the trial transcript conforms to the essential characteristics of documentary evidence, and its nature is similar to the investigation or inquiry transcripts made by the court or other state organs to the relevant parties ex officio.
According to the principle of good faith in civil litigation, court transcripts should be used as evidence. 20 13 article 13 of the new civil procedure law clearly stipulates that civil litigation should follow the principle of good faith. The parties concerned shall be honest and trustworthy, and shall be responsible for the recorded facts.
Extended data:
The situation of remanding for retrial in the procedure of trial supervision:
According to the Supreme People's Court's "Several Opinions", retrial cases in trial supervision procedures include:
(1) If the people's court finds that the original judgment of the first instance and the second instance violates legal procedures in the trial of a case that has been remanded or retried according to the procedure of second instance, it is stipulated in Article 18 1 of Several Opinions, that is, if the judge and clerk who tried the case should withdraw but did not withdraw, they will not hold a court session to make a judgment.
In a case tried by ordinary procedures, if the parties fail to make a judgment by default without summoning or other serious violations of legal procedures, which may affect the correct judgment and ruling of the case, the judgments of the first and second instance shall be revoked and sent back to the people's court that originally tried the case for retrial. (Paragraph 2 of Article 2 10 in Several Opinions of the Supreme People's Court)
(2) If the people's court finds that the parties who should participate in the trial of the case are omitted from the original judgment, it may mediate according to the principle of voluntariness of the parties. If mediation fails, the judgment of the first and second instance shall be revoked and sent back to the people's court that originally tried for retrial. (Article 2 1 1 of several opinions of the Supreme People's Court)
According to the second paragraph of Article 170 of the Civil Procedure Law: "After the people's court of first instance has made a judgment on the case sent back for retrial, if the parties appeal, the people's court of second instance will not send it back for retrial." The number of remands for retrial is limited, avoiding the cycle of constant appeals.
References:
Baidu encyclopedia-criminal procedure law