In the absence of witnesses, how to clarify that you did not brand someone else

The law is exquisite: "whoever asserts who bears the evidence", that is, if someone says that you hit someone, he must have evidence to prove that you hit someone, not that you prove that you did not hit someone, this is the truth, if he has a witness, you have to find evidence to show that you did not beat someone, understand? ?

See if they have your fingerprints on them.

Legal analysis: Witnesses are only one type of evidence, and the statements of the parties are also evidence.

Legal basis: "Criminal Law of the People's Republic of China" Article 234 Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where this Law provides otherwise, follow those provisions.

Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:

1) Physical evidence; 2) documentary evidence;

3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications of Zheng Yuzhi, investigative experiments, and so forth;

8) Audio-visual materials and electronic data.

Legal analysis: You can call the police, and the public security will investigate quickly after accepting it. Witnesses are only a kind of filial piety of evidence, and the statements of the parties are also evidence.

Legal basis: Law of the People's Republic of China on Public Security Administration Punishments》 Article 78: Where public security organs find that a case is a violation of the administration of public security after receiving a report, accusation, report, or surrender, they shall immediately conduct an investigation; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrenders the case shall be informed of this, and the reasons shall be explained.

Legal analysis: You can call the police, and the public security will investigate after accepting it. Witnesses are only one type of evidence, and the statements of the parties are also evidence.

Legal basis: "Law on the Punishment of the People's Republic of China and the Administration of Public Security" Article 78: After a public security organ accepts a report, accusation, report, or surrender, and finds that it is a violation of the administration of public security, it shall immediately conduct an investigation; Where the absence of closure is found not to be a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrendered shall be notified, and the reasons shall be explained.

1. If there are no witnesses, you can see if you can find some other evidence according to the actual situation of the case. According to China's Civil Procedure Law, physical evidence, audio-visual materials, inquest records, etc. can all be used as evidence. In addition, based on experience, other physical evidence and so on are relatively easy to find, but it is more difficult to obtain human corroboration.

2. In addition, according to the folk customs of our country, most people are reluctant to corroborate. You can explain the pros and cons to them and tell them about their burden of proof. At the same time, reassure them.

3. In view of the professionalism of evidence collection, I suggest that you can also hire a lawyer who can provide you with specific help and guidance according to your actual situation and the actual situation of your case.

Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. Evidence is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law. The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to reproduce and restore the original face of the incident through evidence and the chain of evidence formed by evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment.

At present, the study of the evidence system in the academic circles has formed a special subject, which is called evidence science or evidence jurisprudence.

Legal basis. As for the classification of evidence, China's three procedural laws have made separate provisions according to different circumstances:

Article 48 of the Criminal Procedure Law of the People's Republic of China (amended on March 14, 2012) stipulates that "all materials that can be used to prove the facts of a case are evidence. Evidence includes:

1) Physical evidence; 2) documentary evidence; 3) witness testimony; 4) Victim statements; 5) Confessions and justifications of criminal suspects or defendants; 6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; 8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict. ”

Article 63 of the Civil Procedure Law of the People's Republic of China (amended on August 31, 2012) stipulates that: "Evidence includes: (1) statements of the parties; 2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts. ”

Article 33 of the Administrative Litigation Law of the People's Republic of China (amended on November 1, 2014) stipulates that: "Evidence includes: (1) documentary evidence; (2) Physical evidence; (3) audio-visual materials; (4) Electronic data; (5) Witness testimony; (6) the statements of the parties; (7) Appraisal opinions; (8) Inquest records and on-site records.

Only after the court examines that the above evidence is true can it be used as the basis for determining the facts of the case. ”

As for your question of "what should I do if I don't have a certificate in a lawsuit", if there is no certificate in a lawsuit, it does not mean that the lawsuit cannot be fought, you can find some other evidence to prove and explain your case, and the cost of the lawsuit can be paid by the losing party, and it is okay if you pay it yourself. You can consult a lawyer.

Legal analysis: If the plaintiff claims that you hit someone, Qin Kuyan will have the plaintiff to submit factual evidence of your adult, and it doesn't matter if you don't have evidence to prove that you didn't beat someone.

Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall, in accordance with legally-prescribed procedures, comprehensively and in a manner review and verify evidence of suspicion.