What should I do if I find that the other party s important evidence is false after the trial?

After the trial, before the judgment is made, if it is found that the other party's important evidence is false, it may be submitted to the presiding judge and asked for further cross-examination.

If the first-instance judgment has already been made and you are in the appeal period, you should file an appeal as soon as possible and resolve the issue through the second-instance trial. If the judgment has already taken effect, apply for a retrial or apply for legal supervision.

Several Provisions of the Yugao People's Court on Evidence in Civil Proceedings

Article 229:Where parties submit different opinions on the facts and evidence they accepted during the preparatory phase prior to trial, the people's court shall order them to explain the reasons. When necessary, they may be ordered to provide relevant evidence. The people's court shall conduct a review in consideration of the parties' litigation capacity, evidence, and the specific circumstances of the case.

Where the reasons are sustained, they may be included in the focus of the dispute for trial.

If you find that the other party's important evidence is false, you should immediately explain the situation to the court, and the court will carefully consider the case based on your clues or evidence, re-verify the case, and then re-try the case and make a fair judgment in accordance with the law.

As long as you find out that the other party's evidence is fake, you can go to court and sue him, and you must have conclusive evidence to prosecute him. Just out. False evidence, then he is breaking the law. If it was true that he was convicted of a felony.

You should immediately file a case with the court and ask for a retrial of the case, mindful of the statute of limitations.

An appeal can be made to a higher court.

1.Objections to the judgment can be appealed to a higher court.

2.Collect evidentiary materials and state the facts of the other party's false materials to a higher court.

If there is new and conclusive evidence, it can be submitted to the trial judge, and the judge will consider it comprehensively before the verdict. If the sentence has been handed down, an appeal to a higher court may be considered.

As long as you have evidence to prove that the other party's important evidence is false, you should provide it to the judge in time, and if the verdict is pronounced, you should sue again.

If there is evidence that can be re-prosecuted, the court will reject the original result and re-try the case.

You can apply for an appeal, but there must be evidence to prove that the other party's evidence is false.

The court will discern the evidence presented before making a decision. 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, and will make a judgment on the case after determining the authenticity of the evidence.

According to Article 85 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", 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.

In civil litigation, the court's principle of adjudication is that whoever asserts the claim shall present the evidence. That is, if you have a request to the court, you have to come up with evidence to prove that your request has a legal basis. Of course, the court has to distinguish the authenticity of the evidence, and after the court finds it to be true, the court will use it as evidence for trial, and the court's determination that the evidence is true is called admissibility.

If the court doubts the evidence of the other party, it must come up with evidence to prove that the other party's evidence is false, and can also apply for appraisal (whoever applies for the appraisal fee), if the court and the other party both believe that a piece of evidence is false, the evidence provider can also apply for appraisal if it is considered to be true.

Courts generally only conduct identification, examination and appraisal of the authenticity of evidence on both sides, and do not go out to investigate, except in special circumstances, such as checking bank accounts, which can only be checked by the public procuratorate and law, and cannot be checked by ordinary units and individuals.

In order to be fair and responsible to the parties and the whole case, the authenticity of all kinds of evidence must be verified to the fullest extent in different ways during the conclusion of the case, otherwise there can be no notarization.

Legal analysisIf this evidence can be used to provoke a change in the original verdict, there are four ways to deal with it: 1. If a lawsuit has already been filed, the other party's "false witness evidence" may be submitted to the court of second instance, and the second instance trial will conduct a review or court investigation of the evidence from the original trial and the newly submitted evidence to deal with it comprehensively. 2. If the first-instance judgment has already taken effect, the original trial court may be requested to retry the case.

However, the new evidence should have a real impact on the outcome of the retrial, otherwise the "request for retrial" will be rejected. 3. Where new evidence is discovered after the second-instance judgment, an application to the Intermediate People's Court for a retrial is to be made first. If the Intermediate People's Court finds that it is not subject to the Intermediate People's Court's review, it may designate the original court of trial to retry the case.

If the Intermediate People's Court rules to reject the application for retrial, it shall apply to the High Court for a retrial. 4. If there is a suspicion of a false litigation crime, report the case to the public security organs.

Legal basisCriminal Law of the People's Republic of China: Article 307: Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony shall be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment. Where parties are assisted in destroying or fabricating evidence, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given. Where judicial personnel commit the crimes in the preceding two paragraphs, they are to be given a heavier punishment.

Article 307-1: Where a civil lawsuit is initiated on the basis of fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions for the heavier punishment.

Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment; where other crimes are constituted at the same time, follow the provisions for the heavier punishment at conviction and give a heavier punishment.

Legal analysis: It can be handed over to a lawyer to help with submission, etc., or it can be retained and submitted in the second instance. Where parties provide new evidence during the first-instance trial procedures, it shall be submitted before or during the first-instance trial.

Where the parties provide new evidence during the second-instance trial procedures, they shall submit it before or during the second-instance trial; Where the second-instance trial does not need to be tried first, it shall be submitted within the time limit designated by the people's court. Where parties provide new evidence during the retrial procedures, they shall submit it when applying for retrial.

Legal basis: Article 197 of the Criminal Procedure Law of the People's Republic of China: During the course of court proceedings, the parties, defenders, and litigants have the right to apply for notification of new witnesses to appear in court, to collect new physical evidence, and to apply for a new appraisal or inquest. Public prosecutors, parties, defenders, and litigants may apply to the court to notify persons with specialized knowledge to appear in court and submit opinions on the evaluation opinions made by the evaluators.

The court shall make a decision on whether or not to agree to the above application. The relevant provisions on evaluators apply to persons with specialized knowledge as provided for in paragraph 2 appearing in court.

Legal analysis: The court will not only verify the evidence submitted, but also should be cross-examined by the court before it can be accepted.

Legal basis: Article 68 of the Civil Procedure Law of the People's Republic of China The key evidence shall be presented in court, and the parties shall cross-examine each other. Evidence involving state secrets, commercial secrets, and personal privacy shall be kept confidential, and where it needs to be presented in court, it must not be presented in public.

Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings Article 2: Parties have the responsibility to provide evidence to prove the facts on which their own litigation claims are based or on which they refute the other party's litigation claims. Where there is no such evidence or the evidence is insufficient to prove the factual assertions of the parties, the party who bears the burden of proof shall bear the adverse consequences.

Legal Analysis: Yes, but rarely, judges are not obligated to investigate on their own initiative. In the vast majority of key situations, the parties are required to provide evidence or reasons to the contrary that are sufficient to refute.

Legal basis: Article 46 of the Administrative Punishment Law of the People's Republic of China 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.

The evidence must be verified by Zen Cong, and Fang He Liangying can be used as the basis for determining the facts of the case.

Evidence obtained by illegal means must not be the basis for determining the facts of the case.

Analysis of the Law of Sun Xiaolu].

Yes, but rarely, judges are not obligated to initiate investigations. In the vast majority of cases, the parties are required to provide sufficient evidence or reasons to the contrary. 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. Evidence should exist objectively, and falsifying or destroying evidence is an illegal act and should be prosecuted by law.

Legal basis: Article 46 of the Administrative Punishment Law of the People's Republic of China 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.

Evidence must be verified to be true before it can be used as the basis for determining the facts of the case.

Evidence obtained by illegal means must not be the basis for determining the facts of the case.