Whether a mediation statement involving the interests of the parties can be used as evidence

Can a mediation statement that abuses the proceedings be used as evidence?

Legal Analysis Qinghe: The facts confirmed by mediation cannot be used as evidence. In litigation, the recognition of the facts of the case involved in the compromise made by the parties for the purpose of reaching a mediation agreement or settlement shall not be used as evidence against them in subsequent litigation.

The principle of legality of mediation includes two aspects, namely, procedural legality and substantive legality. Procedural legality means that the mediation activities must comply with the provisions of the law, follow the legal procedures, and procedurally ensure the fairness of the parties to conclude the mediation agreement freely and truthfully.

Legal basis: Interpretation of the Supreme People's Law on the Application of the Civil Procedure Law of the People's Republic of China

Article 107:In litigation, facts recognized by the parties for the purpose of reaching a mediation agreement or compromise in a settlement agreement must not be used as a basis against them in subsequent litigation, except as otherwise provided by law or with the consent of the parties.

Article 142:After a people's court accepts a case, upon review, finds that the legal relationship is clear and the facts are clear, it may conduct mediation after obtaining the consent of both parties.

Legal Analysis: Facts recognized in mediation can be made as a result of a compromise and thus cannot be admissible as evidence. The law clearly stipulates that in litigation, the facts recognized by the parties to reach a mediation agreement or a compromise agreement shall not be used as a basis against them in subsequent litigation, unless otherwise provided by law or agreed by the parties.

Therefore, the things recognized in the mediation cannot be used as unfavorable evidence, and if both parties agree, they can be used as evidence.

Legal basis: Article 107 of the "Interpretation of the Supreme People's Court on Application" In litigation, facts recognized by the parties for the purpose of reaching a mediation agreement or a compromise in a settlement agreement must not be used as a basis against them in subsequent litigation, except as otherwise provided by law or agreed by the parties.

Popularization of law. The court's mediation letter can be used as evidence. However, the mediation agreement must be verified to be true, is a type of evidence in criminal proceedings, and is evidence collected by the administrative organ in accordance with legal procedures and lawful means, and shall be transferred to the judicial organ in accordance with law.

The evidence should be admissible when the following conditions are met:

1. The facts of conviction and sentencing are all supported by evidence;

2. The evidence on which the verdict is based has been verified and verified through legal procedures;

3. Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the ascertained facts.

Criminal Procedure Law of the People's Republic of China

Article 50: Materials that may be used to prove the facts of a case are all evidence. Evidence includes:

number of rocks) 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.

A mediation statement that abuses the proceedings cannot be used as evidence. According to Article 1 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", if the plaintiff files a lawsuit with the people's court or the defendant files a counterclaim, it shall provide the corresponding evidence that meets the requirements for filing a lawsuit. Article 85 stipulates that the people's court shall make a judgment in accordance with law on the basis of the facts of the case that can be proved by the evidence.

Adjudicators shall follow legally-prescribed procedures to comprehensively and objectively review evidence, follow the provisions of the law, follow judges' professional ethics, use logical reasoning and daily life experience, independently make judgments on whether evidence has probative force and the extent of probative force, and disclose the reasons and results for the judgment.

Article 1 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provides that when a plaintiff files a lawsuit in a people's court or the defendant submits a counterclaim, it shall provide evidence that meets the requirements for initiating a lawsuit. Article 85 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" provides that the people's courts shall make a judgment in accordance with law on the basis of the facts of the case that can be proved by the evidence. Adjudicators shall follow legally-prescribed procedures to comprehensively and objectively review evidence, follow the provisions of the law, follow judges' professional ethics, and use logical reasoning and daily life experience to independently make judgments on whether evidence has probative force and the extent of probative force, and disclose the reasons for the judgment and the results of the corrections.

Legal analysis: According to the specific circumstances of the incident, if the mediation is successful and the mediation letter has been given, you can sue in the court.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 48: Materials that can be used to testify to the facts of Yu Ming's case are all evidence. Evidence includes:

1) Physical evidence; (2) documentary evidence; 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 to be true before it can be used as the basis for a verdict.