What are the objects of proof in civil litigation?

Definition of the object of proof in civil litigation: The object of proof, also known as the object of proof, refers to the fact that the subject of proof uses certain methods of proof to prove the essential facts determined by the substantive legal norms that are disputed between the parties. The object of proof in civil litigation refers to the facts of the case proved by the people's court and the litigation participants using evidence.

In civil litigation, the facts and reasons on which the plaintiff bases its claims, the facts and reasons on which the defendant replies to, refutes and counterclaims the plaintiff's claims, the facts and reasons on which the third party bases its claims, and other facts that the people's court deems necessary to be proved by evidence all need to be proved by evidence.

Characteristics of the object of proof in civil proceedings:1The determination of the subject of proof depends on the request made by the parties.

2.The object of proof is an essential fact in the substantive legal norms. 3.

The object of proof is a fact that must be proved by evidence. 4.The object of proof is closely linked to the burden of proof.

There are three conditions for being the object of proof: (1) the fact has legal significance for the correct handling of the case, either in substantive law or in procedural law; (2) there is a dispute between the parties about the facts; (3) The fact is not a fact of exemption in litigation.

The facts that need to be proved by evidence are: (1) the legal facts of the relevant substantive rights and interests asserted by the parties; (2) procedural legal facts asserted by the parties; (3) evidentiary materials; (4) customary, local regulations (mainly non-court localities) and foreign laws; (5) The rules of special experience mainly refer to the rules of experience of specialized special industries.

Facts that do not need to be proved by proof: (1) natural laws and theorems; (2) Facts admitted by the parties: one party expressly admits the facts of the case stated by the other party; (3) well-known facts; (4) another fact that can be inferred from the provisions of the law or known facts and the rules of daily life experience; (5) Facts that have been confirmed by a legally effective judgment of the people's court; (6) the facts that have been confirmed by the effective award of the arbitration institution; (7) Facts that have been proved by valid notarized documents.

Civil Rights and Civil Obligations.

Legal Analysis: Objects of Proof in Civil Proceedings:

1) Facts of civil substantive law.

2) Procedural law facts.

3) Evidentiary facts.

4) Foreign laws and local regulations and customs.

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 comprehensively and objectively review and verify evidence in accordance with the legally-prescribed procedures.

The objects of proof in civil litigation include: first, the legal facts on the substantive rights and interests asserted by the parties; second, the procedural legal facts asserted by the parties; Third, evidence, the parties have the responsibility to provide evidence for their own claims; Fourth, customs, local regulations and foreign laws, because judges do not necessarily understand foreign laws, local regulations and some customs of local hailstones, so the parties need to prove this; Fifth, the rule of special experience mainly refers to the rules of experience of specialized special industries.

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 follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

The objects of proof in civil litigation are: facts of civil substantive law; procedural law facts; evidentiary facts; Foreign laws and local regulations, customs. Exemption Scope:

the laws of nature as well as theorems and laws; Well-known facts; facts presumed in accordance with the law; another fact inferred from known facts and the rules of experience of everyday life; Facts that have been confirmed by a legally effective judgment of the people's court; Facts that have been confirmed by the effective award of the arbitral institution; Facts that have been confirmed by a valid notarized document.

Legal basis: Article 91 of the Judicial Interpretation of the Supreme People's Court on the Civil Procedure Law The people's court shall determine the burden of proof in accordance with the following principles, except as otherwise provided by law: (1) The party asserting the existence of a legal relationship shall bear the burden of proof on the basic facts that gave rise to the legal relationship; (2) A party claiming that a legal relationship has been modified or extinguished or that its rights have been obstructed shall bear the burden of proof to prove the basic facts of the modification or extinction of the legal relationship or the obstruction of rights.

Article 93 of the Judicial Interpretation of the Supreme People's Court on the Civil Procedure Law provides that the parties are not required to provide evidence to prove the following facts: (1) the laws of nature, theorems, and laws; (2) well-known facts; (3) Matters presumed in accordance with legal provisions are clear and acorn; (4) another fact inferred from known facts and the rules of daily life experience; (5) Facts that have already been confirmed by a legally effective judgment of the people's court; (6) the facts that have been confirmed by the effective award of the arbitration institution; (7) Facts that have been proved by valid notarized documents. Except for the facts provided for in items (2) through (4) of the preceding paragraph, where the parties have evidence to the contrary sufficient to refute them; Except for the facts provided for in items 5 through 7, where the parties have evidence to the contrary that is sufficient to overturn them.

Characteristics of the object of proof in civil proceedings:

1.The determination of the subject of proof depends on the request made by the parties.

2.The object of proof is an essential fact in the substantive legal norms.

3.The object of proof is a fact that must be proved by evidence.

4.The object of proof is closely linked to the burden of proof.

There are three conditions to be the subject of proof:

1. The fact has legal significance for the correct handling of the case, either in substantive law or in procedural law;

(2) there is a dispute between the parties about the facts;

(3) The fact is not a fact of exemption in litigation.

The facts that need to be proved by evidence are the objects of proof:

1. The legal facts related to the substantive rights and interests asserted by the parties;

(2) procedural legal facts asserted by the parties;

(3) evidentiary materials;

(4) customary, local regulations (mainly non-court localities) and foreign laws;

(5) The rules of special experience mainly refer to the rules of experience of specialized special industries.

Legal basisArticle 60 of the Civil Procedure Law of the People's Republic of China.

A person who lacks the capacity to litigate shall be represented by his guardian as a legal person. Where legally-prescribed persons pass the buck to each other, the people's court is to designate one of them to litigate on their behalf.

Article 61: Parties and legally-designated persons may retain one or two persons as litigants.

The following persons may be appointed as litigants:

1) Lawyers and basic-level legal service workers;

2) The close relatives or staff of the parties;

3) Citizens recommended by the parties' communities, units, and relevant social groups.

Article 62.

If another person is entrusted to litigate on behalf of the client, a power of attorney signed or sealed by the client must be submitted to the people's court.

The power of attorney must specify the matters and authority of the entrustment. The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client.

A power of attorney for the grant of lease sent or entrusted by a citizen of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country, and then transferred to the embassy or consulate of the People's Republic of China in the third country, or by the local patriotic overseas Chinese organization.

Article 63.

If the authority of the litigant is changed or revoked, the parties shall notify the people's court in writing, and the people's court shall notify the opposing party.

Article 64.

**Litigation lawyers and other litigants** have discussed Hu Quan's investigation and collection of evidence, and may consult the relevant materials of the case. The scope and methods for inspecting the relevant materials in this case are to be provided for by the Supreme People's Court.

Article 65.

If there is a litigant in a divorce case, the person shall still appear in court unless he or she is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.