Question 2: Briefly describe the following kinds of classified evidence in civil litigation: (1) documentary evidence; (2) Physical evidence; (3) Audio-visual materials; (4) Testimony of witnesses; (5) statements of the parties; (6) Evaluation conclusion; (7) Records of the inquest.
Question 3: What are the concepts and types of evidence? Evidence refers to all kinds of materials that can prove the true situation of a case in litigation. In order to prove their claims, the parties need to provide relevant evidence to the court.
The type of evidence refers to the classification of the forms of evidence sources stipulated by law. China's criminal procedure law stipulates seven kinds of evidence: physical evidence and documentary evidence; Witness testimony; The victim's statement; Confessions and excuses of criminal suspects and defendants; Appraisal conclusion; Records of inquest and inspection; Audio-visual materials. China's civil procedure law divides evidence into documentary evidence, material evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions and transcripts of inspection. The Administrative Procedure Law is basically the same as the Civil Procedure Law.
Question 4: What are the types of evidence? Evidence refers to the material that proves whether the facts to be proved exist objectively. Evidence is of great significance in civil litigation. It is not only the basis for the people's court to determine the facts, but also the basis for the people's court to make a judgment. The types of evidence stipulated in China's Civil Procedure Law are as follows: 1. Written evidence. Refers to the documents recorded or expressed by words and symbols to prove the facts to be proved. For example, letters, documents, bills, contracts, etc. Documentary evidence is a common and widely used evidence in civil litigation. 2. Physical evidence. Refers to an article that explains part or all of the facts to be proved through its shape, characteristics and quality. Such as substandard furniture, crashed cars and so on. 3. Audio-visual materials. Refers to the materials about the facts of the case recorded by means of audio and video recording. For example, the conversations of the parties recorded by tape recorders, the characters and their activities recorded by video recorders, and the data stored by electronic computers. Audio-visual materials enter the field of evidence with the development of science and technology. 4. Eyewitness testimony. Refers to the witness's oral or written statement of the facts of the case to the people's court. Witnesses' statements can be heard or seen by themselves, or indirectly learned from other people and places. Witness testimony is a kind of evidence widely used in civil litigation, and most civil cases must be based on witness testimony to determine the facts. 5. Statement of the parties. Refers to the statement made by the direct interested party to the people's court about the facts of the case and the circumstances that prove these facts. 6. Appraisal conclusion. Refers to the conclusion made by the specialized agency designated by the people's court on the technical appraisal of the specialized problems arising in civil cases. Such as medical identification, fingerprint identification, product quality identification, document identification, accounting identification and so on. Appraisal conclusion is an appraisal judgment made by using specialized knowledge, which is scientific and has strong probative force, and often becomes an important means to examine and appraise other evidence. 7. interrogation record. Refers to the records made by the people's court after on-site analysis, inspection and exploration of the material evidence that can prove the facts of the case or that cannot or is inconvenient to obtain from the people's court. It is a written reflection of objective things and a form of evidence to preserve original evidence. The people's court must comprehensively, objectively and realistically examine the authenticity and legality of evidence, and at the same time, it should also examine the relationship between various evidences and the facts to be proved. The above evidence can only be used as the basis for ascertaining the facts after careful investigation and analysis by the people's court.
Question 5: What kinds of evidence are there? There are seven kinds of evidence:
(1) Physical evidence and documentary evidence;
(2) Testimony of witnesses;
(3) the victim's statement;
(4) confessions and excuses of criminal suspects and defendants;
(5) Evaluation conclusion;
(6) Records of the inquest and inspection;
(7) Audio-visual materials.
Question 6: Types of evidence What evidence refers to materials that prove whether the facts to be proved exist objectively? According to Chinese laws, there are the following types of evidence: 1, documentary evidence. Refers to the documents recorded or expressed by words and symbols to prove the facts to be proved. For example, letters, documents, bills, contracts, etc. 2. Physical evidence. Refers to an article that explains part or all of the facts to be proved through its shape, characteristics and quality. Such as substandard furniture, crashed cars and so on. 3. Audio-visual materials. Refers to the materials about the facts of the case recorded by means of audio and video recording. For example, the conversations of the parties recorded by tape recorders, the characters and their activities recorded by video recorders, and the data stored by electronic computers. Audio-visual materials enter the field of evidence with the development of science and technology. 4. Eyewitness testimony. Refers to the witness's oral or written statement of the facts of the case to the people's court. Witnesses' statements can be heard or seen by themselves, or indirectly learned from other people and places. 5. Statement of the parties. Refers to the statement made by the direct interested party to the people's court about the facts of the case and the circumstances that prove these facts. 6. Appraisal conclusion. Refers to the conclusion made by the specialized agency designated by the people's court on the technical appraisal of specialized issues in criminal cases. Such as medical identification, fingerprint identification, product quality identification, document identification, accounting identification and so on. Appraisal conclusion is an appraisal judgment made by using specialized knowledge, which is scientific and has strong probative force, and often becomes an important means to examine and appraise other evidence. 7. Check the records. Refers to the records made by the people's court after on-the-spot analysis, inspection and exploration of the material evidence that can prove the facts of the case or that cannot or is inconvenient to obtain from the people's court. It is a written reflection of objective things and a form of evidence to preserve original evidence.
Question 7: Legal classification of evidence In addition to the types of evidence stipulated in the administrative litigation law, the theoretical circle also summarizes the characteristics of evidence formed in long-term use and classifies the evidence according to different standards, so as to pay attention to the different characteristics of different types of evidence in judicial practice and better serve the facts of the case. 1. Original evidence and external evidence According to the different sources of evidence, evidence can be divided into two categories. All evidence materials directly derived from the facts of the case are original evidence, which is usually called "first-hand evidence materials". For example, the original administrative license certificate and the original counterfeit trademark. All evidence materials obtained through intermediate copying and reporting are incoming evidence, also known as derivative evidence. For example, copies of licenses, photos of articles, etc. This classification tells people that the original evidence is more probative than the incoming evidence, because it is directly formed in the facts of the case. Because, the more intermediate links, the greater the possibility of distortion, and the proof force is inversely proportional to the number of transmissions. Therefore, we should try our best to provide original evidence as the basis for ascertaining the facts. However, don't ignore the role of incoming evidence in determining the facts of the case. Incoming evidence can provide clues for investigating cases, and can also be used to help prove the authenticity or reliability of other evidence. In addition, when the original evidence is lost, the verified evidence together with other evidence can still be used as the basis for the court to determine the facts of the case. 2. Direct evidence and indirect evidence According to the relationship between litigation evidence and facts to be proved, evidence can be divided into direct evidence and indirect evidence. It is direct evidence that can independently prove the main facts of the case. For example, witness testimony made by pedestrians who witnessed overtaking violations. Indirect evidence refers to evidence that can only prove one aspect or one link of the facts of a case and needs to be combined with other evidence to prove the facts of a case. For example, when the masses report someone's illegal gambling activities, the police find that the newly purchased household appliances are seriously inconsistent with their income. However, household appliances may be bought with gambling money or presented by relatives and friends. Can't directly prove whether there is illegal gambling. The significance of distinguishing direct evidence from indirect evidence lies in collecting as much direct evidence as possible to prove the main facts of the case. We can't use isolated indirect evidence to determine the facts of a case, but we must use groups of indirect evidence, that is, we can use evidence chains to determine the facts, and the evidence chains must be interlocking, so we can only draw a conclusion, and we can only determine the facts of a case through strict logical reasoning. Although direct evidence is of great value, it is often difficult to collect, and it is often verbal evidence. Indirect evidence is mostly physical evidence, and the former is not as reliable as the latter. This tells us that we should also pay attention to the collection of indirect evidence, which is often the forerunner to find direct evidence and can also be used to identify the authenticity of indirect evidence. Sometimes, we rely entirely on the proof system formed by indirect evidence, and we can identify the facts of the case through careful collection and reasoning. In addition, it is worth noting that direct evidence is not necessarily original evidence, and indirect evidence is not necessarily transmission evidence. There is a cross relationship between these two types of evidence. For example, the doctor's examination and diagnosis of the victim's injury is the direct evidence of the degree of injury, but it is not the direct evidence of whether the victim has been infringed by the perpetrator. 3. Verbal evidence and material evidence can be divided into verbal evidence and material evidence according to their forms of expression. Any evidence that can prove the facts of a case is expressed in the form of a person's statement, which is called verbal evidence. Any evidence that can prove the facts of a case is expressed through the external morphological characteristics of the object or the contents and thoughts recorded, which is called physical evidence. The significance of distinguishing verbal evidence from physical evidence lies in reminding people of the different characteristics of the two types of evidence, so as to eliminate the false and retain the true through examination and judgment. People are also required to pay attention to the comprehensive collection of all kinds of evidence for mutual use. 4. Whether this proof and disproof are the factual basis put forward by the party with the burden of proof can be divided into two types: this proof and disproof. Any evidence presented by the party with the burden of proof to prove the facts claimed by that party is this proof. Anyone who puts forward the factual basis contrary to the other party in order to overthrow the facts advocated by the other party, that is, cancels it, is called disproof. For example, the Administration for Industry and Commerce claims that the punished person has the behavior of manufacturing and selling spoiled food, and cites two statements of the parties and a record of on-site inspection, which is evidence; The other party, that is, the punished person, puts forward that the sales time mentioned in the statement of the parties coincides with the closing time of the equipment maintenance enterprise, so-called manufacturing and selling spoiled food->; & gt
Question 8: What is the evidence in the legal sense, including what kinds? Hello, the Criminal Procedure Law stipulates six kinds of evidence: 1, physical evidence and documentary evidence; 2. Witness testimony; 3. The victim's statement; 4, the defendant's confession and defense; 5. Appraisal conclusion; 6. Records of inquest and inspection
Question 9: Classification of Evidence Article 31 of the Administrative Procedure Law stipulates that evidence can be divided into seven categories, namely, documentary evidence, material evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, transcripts of inquests and on-site transcripts. Extending to tax-related work, the evidence of tax cases can be divided into: tax inspection documents, inquiry transcripts, and documentary evidence, physical evidence, audio-visual materials, witness testimony, expert conclusion, inspection transcripts and on-site transcripts obtained during the investigation; According to the nature of evidence in tax cases, it can be divided into direct evidence and indirect evidence, original evidence and derivative evidence, verbal evidence and physical evidence. This refers to the classification of the forms of evidence sources stipulated by law. According to China's newly revised Criminal Procedure Law, there are eight kinds of evidence: physical evidence; Written evidence; Witness testimony; The victim's statement; Confessions and excuses of criminal suspects and defendants; Appraisal opinions; Investigation, inspection and identification of investigation experimental records; Audio-visual materials, electronic data. China's civil procedure law divides evidence into documentary evidence, material evidence, audio-visual materials, witness testimony, electronic data, statements of parties, expert opinions and records of inspection. The Administrative Procedure Law is basically the same as the Civil Procedure Law. Common law countries divide evidence into witness testimony, written documents and physical evidence. Civil law countries believe that the parties may not be witnesses, and the appraisers are different from witnesses, so the evidence is divided into witness testimony, statements of the parties, appraisers' opinions, written documents and physical evidence. 2065438+ A judicial interpretation issued by the Supreme People's Court on February 4, 2005 shows that information formed or stored in electronic media such as online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures and domain names can be used as evidence in civil cases. Description 1, documentary evidence and physical evidence are all 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. 2. Witness testimony is a statement made by a person who knows the true situation of a case to the judicial organ or relevant personnel according to the situation of the case he knows. 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. 3. The statement of the parties refers to the fact that the parties tell the law enforcement officers about the case and admit it. The Administrative Punishment Law stipulates that the administrative organ must fully listen to the opinions of the parties before making a decision on administrative punishment. Therefore, the administrative organ must listen carefully to the statements and arguments of the parties and make a record of inquiry; At the same time, the administrative organ shall examine the facts, reasons and evidence put forward by the parties, and only when they are established can they be used as evidence of administrative punishment. "Victim's statement" refers to the statement of the victim's situation and other relevant information of the case to the judicial organ or relevant personnel by the person directly infringed by the criminal act. "Confessions and excuses of criminal suspects and defendants" refers to confessions or excuses made by criminal suspects and defendants to judicial organs, or excuses that criminal suspects and defendants deny their criminal acts or admit their crimes, but think that punishment should be mitigated or exempted. 4. Audio-visual materials refer to audio recordings, video recordings and computer-stored materials that can be used as evidence, and are fixedly preserved evidence. More reliable, closer to the real situation. However, audio-visual materials must be reviewed before they can be recognized as evidence. 5. Expert opinion means that experts use their professional knowledge to analyze, identify and judge the specialized problems in the case. This is an independent evidence. Such as forensic identification, fingerprint identification, handwriting identification, chemical identification, psychiatric identification, etc. ......& gt& gt