Want to demolition, Zhao made a difficult: he doesn't know how to sign the contract between his wife and the demolition department? Second, I wonder how much money the demolition department gave their family? But now that he is homeless, he can't give up his rights easily. On second thought, his wife won't tell him the truth. Zhao will apply to the court for voucher transfer, and the court will find out the amount of demolition money according to law. This amount is directly related to the property division of Zhao's husband and wife, which is the evidence inevitably involved in this case. The court recognized and helped to retrieve the evidence according to law. The court successfully obtained the demolition compensation agreement of the demolition department and the passbook of the demolition compensation paid by the demolition department to Zhao's wife. Finally, after mediation by the court, Zhao and his wife voluntarily reached a divorce agreement.
Analysis according to law
China's litigation evidence system is mainly based on the parties' proof, supplemented by the people's court's investigation and evidence collection. According to Article 17 of the Rules of Evidence in the Supreme People's Court Civil Procedure, if one of the following conditions is met, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence:
(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court according to its functions and powers;
(two) materials involving state secrets, commercial secrets and personal privacy;
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
There are mainly the following situations when the parties apply for court investigation and evidence collection: 1. Archival materials managed by relevant archival departments or kept by relevant units. Many archival materials of these departments are closed to the public and strictly managed, so it is difficult for ordinary parties and agents ad litem to consult them themselves, so it is reasonable and necessary for the parties to apply to the court for access. These archival materials mainly include industrial and commercial materials, labor dispute handling materials in labor disputes, injury identification materials in personal injury cases, medical records and prescriptions of Chinese medicine hospitals in medical malpractice disputes, tax materials involved in sales disputes, property ownership certificates in real estate disputes, bank deposits related materials in other debt disputes, and customs entry and exit declarations. 2. Evidence materials are in the hands of the other party and cannot be retrieved, which affects the determination of the facts of the main case. 3. The materials involve some technical materials, business secrets and personal privacy. 4. The witness refuses to testify in court or the witness and the party are not in the same place or the witness is abroad, but the testimony of the witness plays a decisive role in ascertaining the facts of the case. 5. Some parties who have no education, no ability to investigate and collect evidence, and have not hired lawyers apply for evidence investigation. 6. The parties apply to the court for investigation and evidence collection for economic reasons.
For the above applications, 1 to 3 applications are generally recognized by the court, because these evidential materials are due to objective reasons beyond the will of the parties, and 4 to 6 applications can not be completely said to be objective reasons, so the court generally does not agree with these applications.
skill
Apply for court investigation and evidence collection (example)
Applicant: name, gender, age, nationality, native place, work unit, current address and contact information.
Request: Request the people's court to inquire about the amount of the defendant Wang's deposit in XX Bank ex officio.
Facts and reasons:
The case of the marriage dispute between the applicant and Wang has been brought to the people's court and is now under trial. During the period of living with Wang, the applicant was completely managed by Wang financially. Now Wang claims that * * * didn't leave any deposit before his death, but in fact, the applicant's salary and bonus were given to Wang, so there can be no deposit. The applicant has seen the passbook of XX Bank at home, but has not seen the specific contents. Based on the above facts, according to the provisions of the Marriage Law of the People's Republic of China and the Civil Procedure Law of People's Republic of China (PRC), in order to safeguard the applicant's legitimate rights and interests in family property, we now apply to the people's court to inquire about Wang's deposit in XX Bank.
I am here to convey
Xx District People's Court of XX City
Applicant: Liu.
* * * Year * * Month * * Day
Attachment: the name, source, name and current address of the evidence applying for investigation.
-Quoted from Yanbian People's Publishing House, Master of Law.