For the classification of evidence, China's three major procedural laws have made provisions according to different situations:
Article 50 of the Criminal Procedure Law of People's Republic of China (PRC) (revised in 20 18126 October) stipulates: "All materials that can be used to prove the facts of a case are evidence. Evidence includes:
First, physical evidence;
Second, documentary evidence;
Third, witness testimony;
Fourth, the victim's statement;
Verb (abbreviation of verb) confessions and excuses of criminal suspects and defendants;
6. Appraisal opinions;
Seven, inspection, inspection, identification, investigation and other records;
8. Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case. "
Extended data:
Documentary evidence and physical evidence are both physical evidence in the form of articles or words. Material evidence is used in or related to a crime, which can prove the crime and the relevant situation of the crime, such as crime tools, stolen money, blood, fingerprints, footprints, etc.
Documentary evidence is a document or other written material that can prove the true situation of a case, such as the correspondence between drug criminals; Documents, books, etc. Changed by corrupt criminals. The characteristic of material evidence is that there is no subjectivity, and it only proves the facts of the case by its objective existence.
Physical evidence must be properly kept in order to maintain its original form. If it is impossible to keep the original state or the material evidence may be lost, the administrative organ must take measures to preserve it.
Witness testimony? It is a statement made by a person who knows the real situation of a case to the judicial organ or relevant personnel based on his own understanding of the case. The Civil Procedure Law stipulates that anyone who knows the circumstances of a case has the obligation to testify in court. The Criminal Procedure Law stipulates that the person who knows the true situation of the case has the obligation to testify to the judicial organ, that is, anyone who knows the situation of the case has the obligation to testify.
Witnesses cannot be appointed at will, nor can they be replaced by others. The Administrative Punishment Law stipulates that when an administrative organ investigates a case of administrative punishment, "the respondent shall truthfully answer the inquiry". This is because administrative organs must be based on facts when dealing with administrative punishment cases. Therefore, when an administrative organ conducts an investigation, the respondent must truthfully state what he knows and shall not commit perjury.