What is the specific content of the Provisions on Evidence in Civil Procedure?

Article 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings: The people's courts shall explain to the parties the requirements for the presentation of evidence and the legal consequences, and urge the parties to actively, comprehensively, correctly, and honestly complete the presentation of evidence within a reasonable period of time. Where parties are unable to collect evidence on their own for objective reasons, they may apply to the people's court to investigate and collect it. Article 3: Where, in the course of litigation, one party states facts that are unfavorable to itself, or clearly acknowledges facts that are unfavorable to itself, the other party does not need to present evidence to prove it.

The provisions of the preceding paragraph apply to parties who, in the course of evidence exchange, questioning, or investigation, or in written materials such as complaints, replies, or statements, clearly admit facts that are unfavorable to them. Article 4: Where one party neither admits nor denies facts that are unfavorable to the other party's assertion, and after being explained and questioned by adjudicators, it still does not clearly affirm or deny it, it is to be viewed as an acknowledgment of that fact. Article 11: Parties providing evidence to the people's courts shall provide the originals or items.

Where it is necessary to preserve the original or original evidence by oneself, or where it is truly difficult to provide the original or original, a copy or reproduction that has been verified by the people's court may be provided. Article 15: Where parties use audio-visual materials as evidence, they shall provide the original medium for storing the audio-visual materials. Where parties use electronic data as evidence, they shall provide the originals.

A copy of the electronic data that is consistent with the original made by the producer of the electronic data, or a printout or other output medium that can be displayed or identified directly from the electronic data, is regarded as the original of the electronic data. Article 20: Where parties and their litigants apply to the people's court to investigate and collect evidence, they shall submit a written application before the expiration of the time limit for presenting evidence. The written application shall clearly indicate basic information such as the name of the person being investigated, the name of the unit and the place of residence, the name or content of the evidence to be investigated and collected, the reasons why the people's court needs to investigate and collect evidence, the facts to be proved, and clear leads.

Article 21: Documentary evidence collected by people's courts through investigation may be originals, or copies or reproductions that have been verified to be correct. Where it is a copy or reproduction, it shall be explained in the investigation record and the circumstances of evidence collection. Article 22: Physical evidence collected by people's courts through investigation shall be original.

Where the person being investigated has real difficulty providing the originals, they may provide reproductions or video materials. Where reproductions or video materials are provided, the circumstances of evidence collection shall be explained in the investigation record.

According to Article 7 of the Provisions on Evidence in Civil Procedure, where the law does not specifically provide and the burden of proof cannot be determined in accordance with these Provisions and other judicial interpretations, the people's court may determine the burden of proof based on the principles of fairness and good faith, and taking into account factors such as the parties' ability to present evidence.

<>Provisions of the Supreme People's Court on Several Basic Provisions of the Supreme People's Court on Evidence in Civil Proceedings" are formulated on the basis of the "Civil Procedure Law of the People's Republic of China" and other relevant provisions of the law, combined with the experience of civil trials and actual conditions, so as to ensure that the people's courts correctly determine the facts of the case, hear civil cases fairly and in a timely manner, and protect and facilitate the parties' lawful exercise of procedural rights.

Evidence in civil proceedingsrefers to the basis for determining the facts of a case in accordance with the rules of civil procedure. Evidence in civil litigation is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, ascertain the facts of the case, and correctly adjudicate in accordance with the law. There are three most basic characteristics of evidence in civil proceedings, namely, objective authenticity, relevance and legitimacy.

According to Article 63 of the Civil Procedure Law of the People's Republic of China, China's civil litigation evidence can be divided into eight types, namely: party statements, documentary evidence, physical evidence, audio-visual materials, witness testimony, electronic data, appraisal opinions, and inquest records. Objective veracity means that the factual materials used as civil evidence must exist objectively.

That is to say, as a evidentiary fact, it is not subject to anyone's subjective will, it appears in the objective world as real rather than imaginary, objective rather than imaginary, and can be recognized and understood by people.

Evidence in civil litigation has three basic characteristics: objective authenticity, relevance and legitimacy. Evidence in civil litigation in China can be divided into eight types: statements of parties, documentary evidence, physical evidence, audio-visual materials, witness testimony, electronic data, appraisal conclusions, and inquest records.

Legal basis] acres of oak.

Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China

Article 384:The original people's court hearing a case that is retried in accordance with the trial supervision procedures shall separately form a collegial panel. Where it was originally a first-instance trial case, trial shall be conducted in accordance with the first-instance trial procedures, and judgments or rulings made may be appealed or counter-appealed; Originally, it was a second-instance case, or a case brought to trial by a higher people's court, and the trial should be conducted in accordance with the second-instance trial procedures, and the judgment and ruling made were the final judgment and ruling. In retrial cases where the defendant in the original trial or the private prosecutor in the original trial has died or lost capacity, it may not be tried first.

Legal analysis: What are the provisions on evidence in civil procedure: China's "Civil Procedure Law" has many provisions on evidence.

The main ones are: first, the types of evidence. There are eight types of evidence in civil proceedings; Second, the allocation of the burden of proof.

The parties shall bear the burden of proof for their own claims; Third, the conditions and obligations of witnesses. In addition to this, there are, of course, other regulations.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Types of evidence, including: (1) the 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 70: The best evidence rule states that documentary evidence shall be submitted in original. Physical evidence shall be submitted in its original form.

If it is truly difficult to submit the original or the original, a copy, **, copy, or excerpt may be submitted. Submission of foreign documentary evidence must be accompanied by a Chinese translation. Article 72: All units and individuals who know the circumstances of the case have the obligation to appear in court to testify.

The responsible person of the relevant unit shall support the witnesses in testifying. A person who cannot express his meaning correctly cannot testify.

The seven categories basically cover written texts, video materials, factual items, sound materials, testimony and forensic conclusions. Evidence is the basis of facts, and in the process of hearing a case, the people's court uses the evidence as a clue to make judgments. Evidence refers to the materials that prove whether the matter to be proved objectively exists.

Evidence is of great significance in civil litigation, as it is not only the basis for the people's court to determine the facts of the case, but also the basis for the people's court to make a judgment.

Full text of the Rules of Evidence in Civil Procedure

Article 10: Where any of the following conditions are met, the parties and their litigants may apply to the people's court to investigate and collect evidence: (1) The evidence applied for investigation and collection is archival materials kept by the relevant state departments and must be collected by the people's court ex officio; (2) Materials involving state secrets, commercial secrets, or personal privacy; (3) Other materials that the parties and their litigants are truly unable to collect on their own for objective reasons.

The Supreme People's Court's Decision on Revisions was passed by the 1777th meeting of the Adjudication Committee of the Supreme People's Court on October 14, 2019, and is hereby promulgated, to take effect on May 1, 2020.

These Provisions are drafted on the basis of the "Civil Procedure Law of the People's Republic of China" (hereinafter referred to as the Civil Procedure Law) and other relevant laws, combined with civil trial experience and actual conditions, so as to ensure that the people's courts correctly determine the facts of the case, to hear civil cases fairly and promptly, and to safeguard and facilitate the lawful exercise of procedural rights by those who are informed of the matter.

After the promulgation and implementation of these Provisions, where the Supreme People's Court's previous interpretations of the judicial interpretation are inconsistent with these Provisions, they are no longer applicable.

According to the law, the legal provisions on the validity of evidence are that all evidence must be verified and verified before it can be used as the basis for a verdict. The types of statutory evidence include physical evidence, documentary evidence, witness testimony, victim statements, confessions and justifications of criminal suspects and defendants, appraisal opinions, inquests, inspections, identifications, investigative experiments, and other records, audio-visual materials, electronic data, and so forth.

[Legal basis].

Article 50 of the Criminal Procedure Law of the People's Republic of China is evidence that can be used to prove the facts of a case. Evidence includes: (1) physical evidence; documentary evidence (2nd draft); (3) Witness testimony; (4) The victim's statement; (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 as true before it can be used as the basis for a verdict.