First of all, what does verbal evidence include?
1, including witness testimony, expert opinion, victim statement, criminal defendant statement and defense, civil party statement, etc. Any evidence showing an object is called physical evidence, and physical evidence mostly takes objects such as objects or traces as its existence state and manifestation.
2. Among the types of legal evidence, there are physical evidence, documentary evidence, transcripts of inquests and inspections, on-site transcripts, audio-visual materials, etc. All belong to physical evidence. It should be pointed out that the transcripts of inquests and inspections in criminal proceedings, inquests and on-site transcripts in civil and administrative proceedings;
3. It is a written record of the characteristics of material evidence such as the scene, people, objects and traces related to the case, and it is a fixation and reflection of the content of material evidence, so it belongs to material evidence;
4. In addition, audio-visual materials with special information (language, images, passwords, data, etc.) are stored. ) and can be used as the subject of proof to feel by audio-visual means, all of which are preserved and reflected by certain audio tapes, CDs and other physical objects, and also belong to material evidence.
Second, the characteristics of verbal evidence
1. Verbal evidence can systematically and comprehensively prove the facts of the case. Verbal evidence is a statement of the facts of a case directly or indirectly perceived by the parties and witnesses. Lawyer Wang Haiying, who has worked in the court for many years, needs to emphasize here that these evidences can often vividly and concretely reflect the process and result of the facts of the case, even including the cause and effect of the case, which is very prominent in verbal evidence.
2. The source of verbal evidence is not easy to lose. Verbal evidence is a person's statement, and the content of the statement is his perception of the facts of the case. Lawyer Wang Haiying needs to make it clear here that when people directly or indirectly perceive the facts of a case, the perceived contents are input into the neural memory center of the brain and stored. The content of memory can often be preserved for a long time through the physiological laws of human memory. The stronger the stimulus, the deeper the impression and the longer the memory time.
3. Verbal evidence is easily influenced by various subjective and objective factors, leading to falsehood or distortion. Subjectively, the relationship between the applicant and the case may be that the applicant deliberately made false statements. Victims, suspects and defendants in criminal proceedings are all directly interested in the outcome of the proceedings, which may prompt them to make false statements. Although lawyers in Wang Haiying need to emphasize here that witnesses generally have no direct interest in the case, they will also make distorted statements because of their personal cognitive ability, moral quality or psychological tendency. Objectively speaking, the formation of verbal evidence is a rather complicated process, which generally goes through three stages: perception, memory and statement. In these three stages, it may be distorted due to the influence of various objective factors, which makes the verbal evidence deviate in reflecting the facts of the case.
4. Oral evidence is subjective and unstable. Among all kinds of legal evidence, verbal evidence is subjective and unstable. Because once the time and environment change, the thoughts of the parties will change greatly. For Wang Haiying lawyers who have worked in the court for many years and turned to be criminal lawyers, this situation will lead to different or even completely opposite statements about the same fact, which is what we usually call "retraction".
Third, physical evidence.
1. Physical evidence refers to the evidence that various assets exist in physical form. Audit evidence obtained by auditors through checking the authenticity of famous property, such as actual observation and field inventory of some assets and inventories, is the best evidence of the actual existence of the property and materials.
2. 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.
Legal basis:
code of civil law
Article 63 Evidence includes:
(a) Statements 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.