"Key Law"?
Article 63 There are the following types of evidence:
(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. ?
The above evidence must be verified before it can be used as the basis for ascertaining the facts. ?
Article 74 In case the evidence may be lost or difficult to obtain later, the participants in the proceedings may apply to the people's court for evidence preservation, and the people's court may also take preservation measures on its own initiative. ?
Articles 46 and 68 "Relevant Clauses" of the Arbitration Law; Articles 8-9, 13, 23, 67 and 74 of the Provisions on Evidence in Civil Procedure; Article 58 of the Trademark Law; Article 50 of the Copyright Law. ?
"Meaning decomposition"?
1? What kind of evidence?
The types of evidence in civil proceedings refer to the seven forms of evidence stipulated in Article 63 of the Civil Procedure Law. The examination method of judicial examination is to ask candidates to distinguish these categories. The key and difficult points are:
(1) The difference between documentary evidence and physical evidence. ?
Documentary evidence refers to the evidence that proves the facts of a case with the content and meaning recorded or expressed by words, symbols and graphics. Physical evidence refers to an article that proves the facts of a case by its external characteristics and material attributes, that is, its existence, shape and quality. ?
The important difference between (1) and (kloc-0/) is that the distinguishing standard lies in what case facts are proved by the same object. If it is based on its content, that is, ideological content, it is documentary evidence; If it is proved in kind, it is material evidence. ?
The same object can be both documentary evidence and physical evidence. ?
(2) The statements of the parties are different from the testimony of witnesses. The two will not cross, because the witness is not the party, so the witness testimony will not become the statement of the co-litigant. ?
2? Evidence preservation in litigation?
(1) Applicable conditions:?
(1) The evidence may be lost; ?
(2) It is difficult to obtain evidence in the future. ?
② startup mode:?
(a) the application of the parties (broad parties); Or,?
(2) The people's courts are ex officio. ?
Note: In litigation, it is not necessarily the plaintiff who applies for evidence preservation, but the defendant may also apply for evidence preservation. This is not the same as property preservation. ?
(3) Time limit for application: If a party applies for evidence preservation, it shall do so no later than seven days before the expiration of the time limit for adducing evidence. ?
(4) Guarantee: The people's court may require the applicant to provide corresponding guarantee. Note that there is no need to ask for a guarantee. ?
3? Pre-litigation evidence preservation?
(1) Applicable conditions:?
In the case of trademark rights and copyright, the main examination center is applicable to: in order to stop the infringement (trademark rights and copyright), in the case that the evidence may be lost or difficult to obtain in the future. ?
(2) Starting mode: the trademark registrant or interested party applies to the people's court; The copyright owner or copyright-related obligee may apply to the people's court. ?
Before litigation, it is usually the obligee or other interested parties who will become the plaintiff applying for evidence preservation. ?
(3) Guarantee: The people's court may order the applicant to provide guarantee, or it may not require the applicant to provide guarantee; However, the people's court ordered the applicant to provide a guarantee, and if the applicant failed to provide a guarantee, the application was rejected. ?
(4) Lifting the preservation measures: If the applicant fails to file a lawsuit within 15 days after the people's court takes the preservation measures, the people's court shall lift the preservation measures. ?
(5) Impact on the jurisdiction of litigation cases: Unlike property preservation, in trademark and copyright cases, evidence preservation does not affect the jurisdiction of the case. ?
4? Proof object?
The object of proof refers to the fact that the litigant participants and the court use evidence to prove that it is of legal significance to the solution of the case. For this test center, there are mainly the following points:
(1) Facts that need proof are the objects of proof. It is generally believed that the object of proof includes the following contents:
(a) the legal facts of the substantive rights and interests claimed by the parties; ?
(2) Procedural legal facts advocated by the parties; ?
3 evidential materials; ?
(4) Customs, local regulations (mainly those outside the jurisdiction of the court) and foreign laws; ?
⑤ Special rule of experience: it mainly refers to the special rule of experience in special industries. ?
Focus on points 3 and 4 above. ?
(2) Facts that don't need to be proved?
The content of this fact has been stipulated in People's Litigation Opinions and Provisions on Evidence in People's Litigation. Combined with these regulations,
There are mainly the following situations:
(1) natural laws and theorems; ?
(2) Facts admitted by the parties: one party explicitly admits the facts of the case stated by the other party; ?
3 well-known facts; ?
(4) Other facts that can be inferred according to laws or known facts and rules of daily life experience; ?
(five) the facts confirmed by the legally effective judgment of the people's court; ?
6. Facts confirmed by the effective award of the arbitration institution; ?
⑦ Facts that have been proved by valid notarial documents. ?
For the above unproven contents, it should be noted that not all of them are unproven:?
Answer? For item (2), item (1) is only limited to the cases explicitly recognized by the other party in the course of litigation, except the cases involving identity relations. ?
(b) If a fact stated by one party has not been recognized or denied by the other party, but has not been clearly affirmed or denied by the judges after full explanation and inquiry, it shall be deemed as recognition of the fact. ?
(3) If a party entrusts an agent to participate in the litigation, the recognition of the agent shall be regarded as the recognition of the party. However, there are exceptions: an agent without special authorization directly admits that the facts claimed by the other party are not valid confessions, and there are exceptions to this exception: in this case, if the party is present but does not deny the confession of his agent, it is regarded as the confession of the party.
? (d) If you think you are qualified, you can withdraw:
? Withdrawal time: the parties withdraw before the end of the court debate;
? With the consent of the other party, or there is sufficient evidence to prove that the admission was made under coercion or major misunderstanding, which is inconsistent with the facts. ?
After effective withdrawal, the other party's burden of proof cannot be exempted. (Article 8 of the Provisions on Evidence in Civil Procedure)?
Note that the above-mentioned restrictions on the withdrawal of admission are stricter than those in the Civil Procedure Opinions, and this provision (the new law) should be applied. ?
(e) It should also be noted that:
? The people's court may order the parties to provide relevant evidence if there is no dispute between the two parties, but it involves national interests, social public interests or the legitimate rights and interests of others; That is to say, in fact. Even if the parties themselves admit it, they need to provide evidence to prove it. (Article 13 of the Rules on Evidence in Civil Proceedings)?
? In litigation, the recognition of the facts of the case involved in the compromise made by the parties to reach a mediation agreement or settlement shall not be used as evidence against them in subsequent litigation. ?
b？ If the parties have sufficient evidence to the contrary in the aforementioned items ③, ④, ⑤, ⑤ and ⑦, the claimant shall not be exempted from the burden of proof. ?
c？ ⑤ and ⑤ are effective rewards. If the ruling on which the lawsuit is based has not yet taken effect, the lawsuit shall be suspended. (article 136 of the civil procedure law)?
Don't confuse?
The classification of evidence is to classify evidence into different categories according to different standards in evidence theory (academic theory). At present, there are mainly:
(1) Proof and disproof —— Classification according to the relationship between evidence and burden of proof?
(2) Direct evidence and indirect evidence-classified according to the relationship between evidence and case facts?
(3) Original evidence and incoming evidence-classified by evidence source?
This is different from the kind of evidence. The types of evidence in civil litigation refer to the seven forms of evidence stipulated in Article 63 of the Civil Procedure Law.
"Key Law"?
Article 64 The parties have the responsibility to provide evidence of their own 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. ?
Articles 2, 4 ~ 7, 15 ~ 17, 19, and 25 ~ 28 of the relevant clauses and the provisions on evidence in civil proceedings; Several Provisions on the Reform of Civil Economic Trial Mode (III). ?
"Meaning decomposition"?
1? General distribution principle of burden of proof?
① General principle: The people's court may determine the burden of proof according to the principles of fairness, good faith and the parties' ability to provide evidence. This is the general principle of distribution of burden of proof. ?
② The applicable situation is: when there is no specific provision in the law and the burden of proof cannot be determined according to this provision and other judicial interpretations. ?
③ Attention must be paid to the power of the people's court to determine the burden of proof. ?
2? Distribution of burden of proof in contract disputes and general distribution principles of burden of proof?
(1) Article 5 of Several Provisions of the People's Court on Evidence in Civil Proceedings clearly stipulates the distribution of burden of proof in contract disputes. Please refer to. What must be mastered is:?
(1) In case of any dispute arising from the performance of the contract, the party who has the obligation to perform shall bear the burden of proof. ?
(2) In case of any dispute over agency right, the party claiming agency right shall bear the burden of proof. ?
3? Distribution of burden of proof under special circumstances such as infringement?
This is the absolute focus of the judicial examination, which needs attention. According to the provisions of civil law, civil procedure law and other laws, the burden of proof does not apply to the above-mentioned principle of burden of proof distribution, but special provisions have been made. See Articles 4, 6 and 7 of the Provisions on Evidence in Civil Procedure. I won't list them one by one here, but choose the key points to analyze:
(1) By carefully comparing Article 4 of the Provisions on Evidence in Civil Procedure with Article 74 of the Opinions on Civil Procedure, we can find that the Provisions on Evidence in Civil Procedure is more accurate in describing the distribution of burden of proof in special infringement cases, and readers can pay attention to the Provisions on Evidence in Civil Procedure without looking at the Opinions on Civil Procedure. But we must pay attention to which fact, who (usually the defendant) bears the burden of proof. ?
(2) We must carefully study Article 4 of the Provisions on Evidence in Civil Procedure, which lists eight situations. ?
① Items (2), (3), (4), (5) and (6) are special torts stipulated in the General Principles of the Civil Law. However, due to the different imputation principles of civil liability, it is necessary to distinguish which tort and which fact the defendant bears the burden of proof. ?
(2) Items (1), (7) and (8) are not among the special torts stipulated in the General Principles of Civil Law, but they are also special, so they are easy to remember. We should still pay attention to which fact the defendant bears the burden of proof. ?
(3) In the patent infringement litigation, the burden of proof in the patent infringement litigation caused by the invention patent of the new product manufacturing method is reversed, that is, the unit or individual that manufactures the same product bears the burden of proof that its product manufacturing method is different from the patent method.
(4) In a labor dispute case, a labor dispute occurs due to the decision of the employer to dismiss, expel, dismiss, terminate the labor contract, reduce labor remuneration, and calculate the working years of workers. The employer shall bear the burden of proof. ?
4? The court actively investigated the application for collecting evidence?
The parties should provide evidence to prove their claims, but in some cases, the court can also investigate and collect evidence. There are two ways to start court investigation and evidence collection: first, the parties apply to the people's court for investigation and evidence collection according to law; Second, the court took the initiative to investigate and collect evidence ex officio. The application of the two methods is an important test point of judicial examination. This paper analyzes the application of the court's active investigation and evidence collection. ?
In accordance with the provisions of the Civil Procedure Law, the people's court shall take the initiative to investigate and collect the evidence needed to hear a case. The Provisions on Evidence in Civil Procedure clearly stipulates what is "necessary for hearing a case", that is, the following two situations:
? (1) involves facts that may harm national interests, social interests or the legitimate rights and interests of others; ?
(2) Procedural matters unrelated to substantive disputes, such as adding parties ex officio, suspending litigation, terminating litigation, withdrawing litigation, etc.
? It must be noted that the court shall not take the initiative to investigate and collect evidence under any other circumstances except the above two situations. ?
5? The parties apply to the people's court for investigation and evidence collection?
(1) Applicability?
(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and transferred by the people's courts according to their functions and powers; ?
Materials involving state secrets, commercial secrets and personal privacy; ?
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons. ?
The above situation is the latest provision in the Provisions on Evidence in Civil Procedure, and other inconsistent provisions should not be applied. If the provisions in Article 73 of the Opinions on Civil Procedure and Several Provisions on the Reform of Civil Economic Trial Mode are inconsistent with the above new provisions, the new provisions shall apply. Therefore, candidates only need to master the above three situations. ?
(2) Application method and time limit?
(1) The parties and their agents ad litem may file an application; ?
(2) apply to the people's court; ?
(3) no later than seven days before the expiration of the time limit for adducing evidence. ?
(4) Whether to approve or not shall be decided by the people's court. If the applicant refuses to accept the decision not to grant permission, he may apply to our court for reconsideration. ?
(3) The application for investigation and collection of evidence does not affect the burden of proof: after the investigation, the people's court may not collect evidence, and the party with the burden of proof will still bear the consequences of not providing evidence. ?
6? Apply for identification?
(1) The appraisal can be applied by the parties or entrusted by one party to the relevant departments. ?
(2) Time limit for application: When the parties apply for appraisal, they shall submit it within the time limit for proof. Meet the following item (5), except that the parties apply for re-appraisal. ?
(3) Identification of authentication institutions and personnel (in two ways): after the parties apply for authentication with the consent of the people's court, ① the authentication institutions and personnel with authentication qualifications shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court. ?
(4) The application for appraisal does not change the burden of proof. (See Article 25 of the Provisions on Evidence in Civil Procedure)?
(5) Re-appraisal of the application entrusted by the court:
If a party disagrees with the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for re-appraisal and provides evidence to prove the existence of one of the specific circumstances (see Article 27 of the Provisions on Evidence in Civil Procedure for understanding these circumstances), the people's court shall allow it. ?
However, if the defective appraisal conclusion can be solved by supplementary appraisal, re-appraisal or supplementary cross-examination, it will not be re-appraised. ?
(6) One party entrusts itself to apply for re-appraisal: if one party entrusts the relevant department to make an appraisal conclusion and the other party has sufficient evidence to refute and apply for re-appraisal, the people's court shall allow it.
"Key Law"?
Article 66 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly. ?
Article 70 All units and individuals who know the circumstances of a case have the obligation to testify in court. The person in charge of the relevant unit shall support the witness to testify. If a witness is unable to appear in court due to real difficulties, he may submit written testimony with the permission of the people's court. ?
People who cannot express their will correctly cannot testify. ?
Relevant clauses: Articles 33-38, 40-48, 53-56, 58-59, 67, 69-70, 72, 74-75, 77 and 30 of Interpretation of Contract Law (I); Article 67 and 125 of this law. ?
"Meaning decomposition"?
1? Time limit for proof?
According to the Provisions on Evidence in Civil Procedure, the people's court must apply the provisions on the time limit for adducing evidence when trying civil cases. (Article 33 of the Provisions on Evidence in Civil Procedure)?
(1) How to determine the time limit for giving evidence (in two ways)?
(1) can be agreed by the parties, and it needs to be approved by the people's court. ?
The people's court shall stipulate the time limit for adducing evidence. The designated time limit shall be calculated from the day after the parties receive the notice of acceptance of the case and the notice of responding to the lawsuit, and shall not be less than 30 days. ?
(2) Changes in the time limit for adducing evidence?
If a party changes his claim, the people's court shall re-specify the time limit for adducing evidence. ?
(3) Extension of the time limit for adducing evidence?
(1) Upon the application of the party concerned: If it is really difficult for the party concerned to submit evidence materials within the time limit for adducing evidence, it shall apply for an extension of the time limit for adducing evidence. ?
② Time limit for application: the parties shall file an application within the time limit for proof. ?
(3) With the permission of the people's court. ?
(4) Re-apply for extension of the time limit for adducing evidence: If the parties still have difficulty in submitting evidence materials within the extended time limit for adducing evidence, they may apply for extension again, and whether or not to grant it is decided by the people's court. ?
Note: Whether to apply for an extension again is decided by the people's court, not by the higher court, which is different from extending the trial period (article 135 of the Civil Procedure Law). ?
(4) The effectiveness of the time limit for adducing evidence?
The prescribed time limit for proof has legal effect, and the parties concerned should abide by it, otherwise they will bear adverse consequences. Important legal effects are:
(a) the parties shall submit evidence to the people's court within the time limit for adducing evidence. If a party fails to submit evidence within the time limit for adducing evidence, it shall be deemed as giving up the right to adduce evidence. ?
The people's court will not organize cross-examination of the evidence materials submitted by the parties within the time limit. But there are exceptions: unless the other party agrees to cross-examine. ?
(3) If a party adds or changes a claim or files a counterclaim, it shall do so before the time limit for adducing evidence expires. This is a very important provision, which supplements or even modifies the relevant provisions of the Civil Procedure Law and its opinions. ?
Please note that there are two exceptions to requesting a change operation:?
Answer? In the course of litigation, if the nature of the legal relationship or the effectiveness of the civil act advocated by the parties is inconsistent with the determination made by the people's court according to the facts of the case, the people's court shall not be subject to the above restrictions, and the people's court shall inform the parties that they can change the litigation request. ?
b？ The people's court shall allow the creditor to make a choice when bringing a lawsuit to the people's court in accordance with Article 122 of the Contract Law (choice of infringement and breach of contract), and then change the creditor's rights before the first trial. ?
(4) Because the parties failed to provide evidence within the specified time limit and were sent back to the people's court for retrial or revision due to new evidence during the second trial or retrial, the original judgment is by no means a misjudged case. One party may require the other party who presents new evidence to bear the reasonable expenses such as increased travel expenses, lost time, fees for witnesses to testify in court, legal fees and other direct losses. ?
(5) Presentation of "new evidence"?
The setting of the time limit for proof does not rule out the presentation of "new evidence" after the expiration of the time limit for proof. But there is also a time limit for the presentation of "new evidence"; The connotation of "new evidence" is also different in the first instance, the second instance and the trial supervision procedure. The following points are described. ?
① For the concept of "new evidence", please refer to Articles 4 1 and 44 of the Provisions on Evidence in Civil Procedure. ?
② Time of filing a case-there are differences between the first trial, the second trial and the retrial procedure:
Answer? First instance: if the parties provide new evidence in the first instance procedure, they should provide it before or during the trial of the first instance.
?
b？ Second instance: the parties provide new evidence in the second instance procedure.
? It should be put forward before or during the trial of the second instance; ?
? If the second instance does not need to be heard in court, it shall be put forward within the time limit specified by the people's court. ?
c？ Retrial: if the parties provide new evidence in the retrial procedure, they should provide it when applying for retrial. ?
③ The rights of the other party:?
Answer? If one party puts forward new evidence, the people's court shall notify the other party to put forward opinions or provide evidence within a reasonable time. ?
b？ If one party presents new evidence, the other party may require it to bear the reasonable expenses such as increased travel expenses, lost time, witnesses' testifying fees in court, legal fees and other direct losses. ?
2? Evidence exchange?
(1) evidence exchange time: before the trial. ?
(2) Initiate evidence exchange (two ways)?
Upon the application of the parties, the people's court may organize the parties to exchange evidence before the court session. ?
② People's courts organize according to their functions and powers: For cases with more evidence or complicated issues, the parties shall be organized to exchange evidence after the expiration of the defense period and before the court session. ?
As can be seen from the above, evidence exchange is different from the time limit for giving evidence, and it is not necessary. ?
(3) How to determine the time of evidence exchange (two ways)?
Before the trial, or before the trial after the expiration of the defense period, the specific time is determined as follows:
(1) may be agreed by the parties and approved by the people's court; ?
(2) It may be designated by the people's court. ?
(4) What is the relationship between the date of evidence exchange and the time limit for adducing evidence?
(1) If the people's court organizes the parties to exchange evidence, the time limit for adducing evidence shall be the date of exchange of evidence. ?
(2) If the application for extension of proof is approved by the people's court, the date of evidence exchange shall be postponed accordingly.
(5) evidence exchange again?
(1) Applicability: If the parties refute and present new evidence after receiving the evidence exchanged by the other party, the people's court shall notify the parties to exchange it at a specified time. ?
② times:
Answer? The exchange of evidence is generally not more than two times. ?
b？ Under special circumstances, it can be more than twice: in major, difficult and particularly complicated cases, the people's court deems it necessary to exchange evidence again. ?
3? Public questioning
(1) principle of public cross-examination: evidence should be presented in court and cross-examined by the parties. Evidence without cross-examination cannot be used as the basis for determining the facts of the case. Note: Evidence investigated by the court ex officio is no exception. ?
(2) Exceptions to public cross-examination: ① Evidence involving state secrets, commercial secrets and personal privacy or other evidence that should be kept confidential by law shall not be publicly cross-examined during the court session. However, it should be noted that this kind of evidence should be cross-examined, but it is not publicly cross-examined. ?
The evidence recognized and recorded by the parties in the process of evidence exchange can be used as the basis for determining the facts of the case after being explained by the judges in the trial. This kind of evidence does not need to go through the cross-examination procedure. ?
4? Witness qualification, witness appearing in court, cross-examination?
(1) witness qualification?
All units and individuals who know the case have the obligation to testify in court. No evasions. Pay attention to two points:
A person without or with limited capacity for civil conduct may be a witness if the facts to be proved are suitable for his age, intelligence or mental health. ?
People who cannot express their will correctly cannot be witnesses. ?
(2) An application for a witness to testify in court?
(1) Time and method of application: The parties concerned shall file an application ten days before the expiration of the time limit for adducing evidence, with the permission of the people's court. ?
(2) Expenses: The reasonable expenses incurred by the witness for testifying in court shall be paid in advance by the party providing the witness and borne by the losing party. Note that it is similar to the legal fee. ?
(3) Legal circumstances of being unable to appear in court?
A witness shall testify in court, but under any of the following circumstances, with the permission of the people's court, he may submit written testimony or audio-visual materials, or use two-way audio-visual transmission technology to testify (note that it is not limited to submitting written testimony, which is different from the provisions of the Civil Procedure Law):
(a) old and weak or unable to appear in court due to mobility difficulties; ?
(2) special posts really can't leave; ?
(3) The journey is extremely long, the traffic is inconvenient, and it is difficult to appear in court; ?
(4) Unable to appear in court due to force majeure such as natural disasters; ?
⑤ Other special circumstances make it impossible to appear in court. ?
5? Confirmation and certification of probative force?
(1) The following evidence cannot be used alone as the basis for determining the facts of the case:?
(1) Testimonies made by minors that are not commensurate with their age and intelligence (pay attention to the specific situation: not commensurate with their age and intelligence); ?
(2) Testimony of a witness who has an interest relationship with a party or his agent; ?
(3) questionable audio-visual materials; ?
(four) copies and reproductions that cannot be checked with the original and the original; ?
(5) Testimony of witnesses who do not testify in court without justifiable reasons (specify specific circumstances: those who do not testify in court without justifiable reasons; Also pay attention to the situation as a court appearance). ?
(2) confirm the probative force?
For the following situations, common sense can be deduced, which readers can understand, and memory can be deduced with common sense. ?
(1) If one party submits part of the evidence and the other party raises an objection but there is no evidence to the contrary, the people's court shall confirm its probative force. For details, please refer to Article 70 of the Provisions on Evidence in Civil Procedure for readers' understanding. I won't list them all here. ?
(2) The appraisal conclusion made by the appraisal department entrusted by the people's court can be deemed as probative if the parties have no evidence and reasons to the contrary. ?
(3) If the evidence presented by one party is probative, and the contrary evidence recognized or presented by the other party is not enough to refute, the people's court may confirm it. ?
(4) Evidence presented by one party, the other party disagrees with and refutes the evidence, and if the other party approves the rebuttal evidence, the probative force of the rebuttal evidence can be confirmed. ?
(5) In the course of litigation, the people's court shall confirm the facts and approved evidence that the parties admit against themselves in the indictment, defense, statement and attorney's statement, except that the parties repent and have sufficient evidence to prove the contrary. ?
There is evidence that one party refuses to provide evidence without justifiable reasons. If the other party claims that the content of the evidence is not conducive to the evidence holder, it can be presumed that the claim is established. ?
Don't confuse?
1? Several problems that witnesses should pay attention to when testifying.
(1) Deaf people can testify; ?
(2) When a witness testifies, he can only state the facts and shall not use speculative, inferential or critical language; ?
(3) witnesses are not allowed to attend the trial; When questioning witnesses, other witnesses shall not be present; ?
(4) A witness who attends to give testimony when the people's court organizes the parties to exchange evidence may be regarded as testifying in court. ?
(5) On the issue of appraisal: the appraiser is entrusted to submit the appraisal conclusion, and the appraiser appears in court to be questioned by the parties. If the appraiser is unable to appear in court for special reasons, he may, with the permission of the people's court, answer the questions of the parties in writing.
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2? The order of probative force: See Article 77 of Several Provisions of People's Courts on Evidence in Civil Proceedings.