What is the meaning of civil evidence of the procuratorate, and does the procuratorate have the righ

In the supervision of civil litigation cases, the procuratorial organs have the corresponding judicial power to collect evidence. If there is an investigation that should have been conducted by the original people's court at trial, but did not conduct an investigation and collect evidence; Where an effective judgment accepts false evidence and uses it as the main evidence in determining the facts of the case, the people's procuratorate may conduct an investigation and collect evidence.

Zhejiang Provincial High People's Court and Zhejiang Provincial People's Procuratorate Opinions on Several Issues Concerning the Handling of Civil and Administrative Procuratorial Counter-Appeal Cases, Article 12.

In any of the following circumstances, the people's procuratorate may conduct an investigation and collect evidence:

1) The original people's court did not conduct an investigation and collect evidence when it should have conducted an investigation at trial:

1. The evidence collected in the application for investigation is an archival material kept by the relevant state departments and must be collected by the people's court or the people's procuratorate ex officio;

2. Materials involving state secrets, commercial secrets, and personal privacy;

3. Other materials that the parties and those who are cautious of infiltrating their litigation cannot collect on their own due to objective reasons.

2) The effective judgment admits perjury and uses it as the primary evidence for determining the facts of the case;

3) The evaluation procedures for the effective judgment to accept the evaluation conclusion are unlawful, or the evaluator does not have the qualifications for the evaluation.

The above-mentioned evidence obtained through the people's procuratorate's investigation shall be noted in the written counter-appeal, and the parties are to submit it at trial by reviewing the procuratorate's file and conduct debate.

The "legitimacy" of evidence in the Civil Procedure Law is an overly broad issue, and scholars have dismantled its content into a norm of evidentiary legitimacy composed of several elements (for example, the decomposition of legitimacy into the form of evidence, the subject of evidence collection, and the procedure for evidence collection conform to the provisions of the law).

1. The form of evidence and the legitimacy of evidence in civil proceedings. According to the provisions of China's three major procedural laws, evidence can be divided into seven forms: documentary evidence, physical evidence, witness testimony, audio-visual materials, statements of the parties, appraisal conclusions, and inquest records. Moreover, according to the general theory of evidence jurisprudence, evidence can only be legitimate when it has a legal form, and can it also become the basis for determining the facts of a case.

However, there is still a lack of necessary theoretical support for why the statutory form should be regarded as one of the constituent elements of legality and the significance of such a provision.

II. The subject of evidence collection and the legality of evidence in civil proceedings. The relationship between the subject of evidence collection and the legitimacy of evidence is reflected differently in civil and criminal proceedings. In criminal proceedings, the prosecution bears the burden of proving the guilt of the defendant, which determines that most of the evidence collection work is completed by the prosecution organs, and the evidence collection in criminal cases also involves the use of certain coercive means that are closely related to citizens' personal rights and property rights.

In other words, in criminal proceedings, the illegality of the subject of evidence collection may lead to the loss of "legitimacy" of the evidence.

3. Procedures for collecting evidence and the legality of evidence in civil proceedings. The influence of the procedure for collecting evidence on the legitimacy of evidence is reflected in the rule of exclusion of illegal evidence, that is, the law does not clearly stipulate the conditions that should be met for legitimate evidence, but achieves the purpose of ensuring the legitimacy of evidence collection through the exclusion of illegal evidence.

Litigation evidence: It is an objective and true material used in litigation to prove the true situation of the case (or can prove the true situation of the case).

It has three basic characteristics: first, objectivity, that is, litigation evidence must be objective facts, and no subjective assumptions and false materials can become litigation evidence; The second is relevance, that is, the litigation evidence must be intrinsically and inevitably related to the specific case, and facts unrelated to the case cannot be used as evidence; The third is legality, that is, the litigation evidence must conform to the form required by law, and the data must be collected, provided and used in accordance with legal procedures.

Specifically, it is divided into three categories: 1. Evidence in civil proceedings 2, evidence in criminal proceedings 3, and evidence in administrative proceedings. Each category has its own characteristics.

In short, the production, acquisition, and form of the evidence itself are legal, and it is not forged or obtained by improper means.

1. Is the legitimacy of the evidence explained by the procuratorate?

1. The legality of evidence collected by the people's procuratorate shall be explained by the procuratorate. In the course of conducting a court investigation into the legality of evidence gathering, the people's procuratorate shall prove the legality of the evidence gathering.

2. Legal basis: Article 59 of the Criminal Procedure Law of the People's Republic of China, in the course of conducting a court investigation into the legality of evidence gathering, the people's procuratorate shall prove the legality of evidence gathering.

Where the existing evidence materials cannot prove the legality of evidence gathering, the people's procuratorate may request that the people's court notify the relevant investigators or other personnel to appear in court to explain the situation; The people's courts may notify relevant investigators or other persons to appear in court to explain the situation. Relevant investigators or other persons may also request to appear in court to explain the circumstances. Upon notice from the people's court, the relevant persons shall appear in court.

2. What are the conditions for the evidence to be truly sufficient

In sentencing all cases, we must emphasize evidence, investigation and research, and not believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

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

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

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

4. In the course of conducting a court investigation into the legality of evidence gathering, the people's procuratorate shall prove the legality of evidence gathering.

5. Where the existing evidence materials cannot prove the legality of the evidence gathering, the people's procuratorate may request that the people's court notify the relevant investigators or other personnel to appear in court to explain the situation; The people's courts may notify relevant investigators or other persons to appear in court to explain the situation.

Relevant investigators or other persons may also request to appear in court to explain the circumstances. Upon notice from the people's court, the relevant persons shall appear in court.