How to conduct the review and judgment of various evidences

Legal Analysis: The way in which evidence is reviewed is:

1.The review and analysis of the legitimacy of evidence should be carried out in strict accordance with the law and relevant judicial interpretations;

2.Pay attention to whether there is a phenomenon of extorting confessions by torture and whether the interrogation procedures are lawful;

3.Pay attention to the legality of the subject of the examination of documentary evidence;

4.The defendant's character cannot be used as evidence to determine whether he has committed a crime of refuge.

Legal basis: Article 5 of the Criminal Procedure Law of the People's Republic of China and Article 10 The materials that can be used to prove the facts of the case are all 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.

The task of reviewing and judging evidence is to review and judge individual evidence and comprehensively review and judge the evidence of the whole case.

What is the judgment of the review of the evidence.

The parties and their persons, including lawyers, may review and judge known evidence or evidentiary materials, but this judgment has no legal effect and binding force, and is only a factual act rather than a legal act, and does not constitute the object of adjustment of legal norms.

The examination and judgment of evidence is first and foremost the subjective thinking process of judicial personnel. As far as judicial personnel are concerned, the existing evidentiary materials are only the preliminary basis for determining the facts of the case, and for these evidentiary materials, judicial personnel must select, process, and process them in their brains. The level of awareness of judicial personnel has been deepened and improved with the repeated progress of review and judgment.

From this point of view, the quality of the examination and judgment of evidence depends on the degree to which the judicial officer's subjective initiative is exerted, and on his experience, professional knowledge and professionalism.

Second, examining and judging evidence is a special legal activity for judicial personnel to ascertain the facts of a case. The conclusion of the review and judgment of evidence is the factual basis for judicial personnel to apply the law and make a judgment or decision; It directly affects the legitimate rights and interests of the parties. Where judicial personnel review and judge that evidence is erroneous, the judgment or disposition decision made on that basis shall be revoked.

In addition, the review and judgment of evidence includes not only the review and judgment of individual evidence materials, but also the comprehensive review and judgment of all evidence in the case. The purpose of reviewing and judging individual evidence is to identify its authenticity, legitimacy, and relevance, to identify its evidentiary qualifications and evident power, to distinguish the false from the true, to find the connection between it and the facts of the case, and to judge whether it is admissible and the size of its proof. Judicial personnel should not only determine the objectivity and authenticity of the evidence, but also resolve the relevance of the evidence and its actual probative role.

Legal Rollover Dialysis:

The main body of the examination of evidence is generally the court. The people's courts have the power to collect evidence in litigation, but they do not have the obligation to collect evidence, and their main task is to review and judge evidence.

Legal basis: Civil Procedure Law of the People's Republic of China Article 64 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 follow the legally-prescribed procedures to comprehensively and objectively review and verify the evidence.

The subjects of the examination and judgment of evidence include: reviewers, litigation participants, and courts.

The reviewer usually refers to the prosecutor who undertakes the case, and is responsible for the collection, review, and appraisal of evidence; Litigation participants include plaintiffs, defendants and their ** persons, who have the right to submit evidence to the court and may raise objections to the authenticity and legality of the evidence; The court, on the other hand, is an independent and neutral body that examines all the evidence submitted to ensure the fairness and impartiality of the trial proceedings and safeguard the legitimate rights and interests of the parties. The three cooperate with each other to jointly complete the review and judgment of evidence.

The division of labor and cooperation between the subjects of review and judgment of evidence is relatively clear. The examiner will review the evidence based on the accusations and the defense's statement of facts, as well as the authenticity and legitimacy of the evidence provided, and evaluate the evidence. On the basis of collecting and providing evidence in accordance with law, litigation participants raise objections or rebuttals on issues such as the authenticity of the evidence.

The court plays a role in organizing and supervising the entire trial process, questioning the parties and witnesses in accordance with the law and collecting relevant evidence during the trial. The three work together to promote a fairer, more reasonable and more accurate result in the review and judgment of evidence.

In the review and judgment of evidence, there are also differences in the responsibilities of different subjects. Reviewers should review the authenticity and legality of evidence, and give guidance on inquests, inspections, appraisals, and evidence collection, to ensure that the defendant's procedural rights are respected. Litigation participants should make every effort to collect and provide evidence, and raise objections to the evidence provided by the other party.

The court is ultimately responsible for reviewing and judging evidence, and is responsible for organizing and undertaking court proceedings, clarifying the legal provisions and application of law, reviewing and appraising evidence in accordance with the law, and adjudicating cases.

It can be seen that the main bureau of reviewing and judging evidence cooperates with each other and performs its own duties, and through the analysis and review of evidence, the correct conclusion is reached. It can be seen that the importance of evidence in judicial activities, as well as the great importance attached to the review and judgment of evidence, are of great importance to ensure the judicial practice of justice and fairness.

Legal Analysis: The way in which evidence is reviewed is:

1.The review and analysis of the legitimacy of evidence should be carried out in strict accordance with the law and relevant judicial interpretations;

2.Pay attention to whether there is a phenomenon of extorting confessions by torture and whether the interrogation procedures are lawful;

3.Pay attention to the legality of the subject of the collection of documentary evidence in the absence of prior examination;

4.The defendant's character cannot be used as evidence to determine whether or not he committed a crime.

Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China Article 50 The materials that can be used to prove the facts of the case are all evidence. The evidence of the pretense of the year 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.