Evidence includes statements of the parties, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, expert opinions and transcripts of inspection.
1, statute of limitations
Article 135 of the General Principles of the Civil Law stipulates that the limitation of action for requesting protection of civil rights from the people's court shall be two years, unless otherwise stipulated by law.
Article 140 of the General Principles of the Civil Law stipulates that the limitation of action is interrupted by bringing a lawsuit, a party making a request or agreeing to perform an obligation. From the time of interruption, the limitation period of action shall be recalculated.
Step 2 collect evidence
Article 64 of the Civil Procedure Law stipulates that the parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Article 65 of the Civil Procedure Law stipulates that the parties shall provide evidence in time for their own claims.
The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall extend the time limit appropriately according to the application of the parties. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; If the people's court refuses to explain the reasons or the reasons cannot be established, it may reject the evidence according to different circumstances, or accept the evidence but admonish it and impose a fine.
Extended data
1. Article 70 of the Civil Procedure Law stipulates that the original documentary evidence shall be submitted. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted. Foreign documentary evidence must be accompanied by a Chinese translation.
2. Article 71 of the Civil Procedure Law stipulates that the people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as the basis for ascertaining the facts in combination with other evidence in this case.
3. Article 72 of the Civil Procedure Law stipulates that all units and individuals who know the case are obliged to testify in court. The person in charge of the relevant unit shall support the witness to testify. People who cannot express their meaning correctly cannot testify.
4. Article 75 of the General Principles of the Civil Law stipulates that citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of production that citizens are allowed to own by law and other lawful property. The lawful property of citizens is protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal up, detain, freeze or confiscate it.