Validity of documentary evidence and witness testimony

In civil cases, documentary evidence is more effective than witness testimony. The stipulation of the validity of witness testimony in criminal disputes is that the validity of witness testimony can only be accepted by the court after cross-examination, and the witness testimony has probative force.

First, the validity of documentary evidence and witness testimony. The validity of documentary evidence is higher than that of witness testimony. Documentary evidence is a written document that takes certain materials as the carrier, records the contents and expressed ideas with words, symbols and pictures, and proves the facts of the case. Witness testimony refers to the oral or written statement made to the people's court to prove the case, which is generally expressed orally, requiring the witness to accept the inquiries and cross-examination of both parties and their lawyers, and answer the relevant testimony background. However, if the witness does have difficulties in appearing in court, with the permission of the people's court, he can also submit written testimony to the public security network to remind you that documentary evidence is generally more effective than witness testimony in civil trials.

Second, how to stipulate the validity of witness testimony in criminal disputes? The validity of witness testimony in criminal disputes is stipulated in Article 47 of the Criminal Procedure Law of People's Republic of China (PRC): "The witness testimony must be interrogated, cross-examined, heard and verified in court by the public prosecutor, the victim, the defendant and the defender before it can be used as the basis for finalizing the case."

Therefore, witness testimony, as one of the legal evidences in China, has probative force, but its effectiveness can only be accepted by the court after cross-examination.

Three. What is the role of witness testimony in civil litigation?

1. If one party provides the testimony of two or more irrelevant witnesses and the other party disagrees, but there is no evidence to refute it, the probative force shall be confirmed.

2. If the witness testimony provided by one party is inconsistent with the testimony of the other party, and there is sufficient evidence to overturn or the objection reason is correct, and the testimony is obviously untrue or unreasonable, it shall be confirmed that the testimony is invalid.

3. If one party provides the testimony of an unrelated witness and there is no other evidence to prove it, its probative force shall be confirmed according to the whole case.

4. One party provided the testimony of two or more irrelevant witnesses, but limited by his ability to testify, it should be verified by other evidence. If there is no contradiction, its probative force should be confirmed.

5. If the witness testimony provided by one party claims to be interested in the case, but there is no corresponding evidence to refute it, the probative force shall be confirmed.