Two inconsistencies in evidence to prove the same issue

Hello! Two pieces of evidence can be submitted at the same time, the evidence of the intermediary company and the evidence of the staff are mutually corroborative, although the staff evidence of the time of the sale, the personnel wrote the error, but the identity of the staff is special, and participated in the process of selling the house, as long as the staff really participated in the process of selling the house, the evidence is flawed evidence, but after being corroborated with the company's evidence, this defect can be strengthened by the method of supplementation.

The court will prove strong evidence.

At the same time, the court will state the reasons.

Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (2001).

Article 77: People's courts may follow the following principles to determine the probative force of multiple pieces of evidence on the same fact:

1) The probative power of public documents produced by state organs and social groups in accordance with their authority is generally greater than that of other documentary evidence;

2) The probative force of physical evidence, archives, appraisal conclusions, inquest records, or notarized or registered documentary evidence is generally greater than that of other documentary evidence, audio-visual materials, and witness testimony;

3) The probative force of the original evidence is generally greater than that of the transmitted evidence;

4) The probative force of direct evidence is generally greater than that of indirect evidence;

5) Testimony provided by witnesses that is beneficial to the parties with whom they have relatives or other close relationships is generally less probative than the testimony of other witnesses.

Article 79: People's courts shall explain the reasons for whether the evidence is evident in the judgment documents.

The plaintiff defendant can prove different issues with the same evidence.

This is often the case in practice, and there are occasionally parts of a piece of evidence that are beneficial to the other party, which is easy to be used by the other party. If it is the evidence submitted by the other party, you can make a point in your favor when you cross-examine it. You can also make a copy of the evidence and submit it as your own evidence with a description of the content.

According to Article 64 of the Civil Litigation Law, 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 litigation agents are unable to collect on their own due to reasons such as passenger vessel viewing, 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.

As far as this issue is concerned, the parties do not need to worry, the court will verify the evidence in accordance with the law. That is to say, the court can verify the evidence with other courts, courts.

Legal Analysis: In the course of litigation, contradictions and inconsistencies involving evidence are very common situations. In dealing with these issues, it should be done in the following ways:

1.Weigh the weight and credibility of the evidence. In the case of contradictions and inconsistencies in the evidence, it is necessary to analyze the importance and credibility of the evidence, and select the most powerful evidence as the basis for the judgment.

2.Investigate the testimony of witnesses or related persons. When the evidence is contradictory and inconsistent, it is necessary to investigate the testimony of witnesses or related persons to further understand the true situation of the evidence, eliminate doubts, and determine the credibility of the evidence.

3.Ask for evidence of stuffiness. If the authenticity of the evidence cannot be determined in the case of contradictions and inconsistencies, the other party can be asked to supplement the evidence to ensure that the authenticity of the facts is clear.

Legal basis:1Article 66 of the Civil Procedure Law of the People's Republic of China: "Where a party has a dispute over the facts of the case, it shall present evidence. Where there is a dispute about the legality, probative force, and object of evidence, the parties are to present evidence. ”

2.Article 27 of the "Evidence Law of the People's Republic of China": "The contradiction of evidence shall be comprehensively analyzed according to the type, content, identity of the witness, testimony of the witness, statements of the parties, etc., to determine what kind of evidence can reflect the facts." ”

3.Article 64 of the Criminal Procedure Law of the People's Republic of China: "In the course of a trial, if there is doubt about the testimony of a witness, other witnesses or parties may be interrogated, and other evidence may also be ascertained to clarify the facts. ”

The above is a legal analysis and legal basis on how to deal with contradictions and inconsistencies in evidence. In the actual operation process, it is necessary to comprehensively consider the actual situation to ensure the fair and fair handling of the case.

can be used as evidence. According to Article 63 of the Civil Procedure Law, evidence includes: (1) statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (vi) 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.

Civil Procedure Law of the People's Republic of China

Article 66.

Evidence includes: 1) statements by 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.

The authenticity of the witness's testimony can be examined mainly from the following aspects: 1. Whether the witness has any interest in the party and how credible his testimony is. 2. Whether there are any contradictions in the testimony of the witnesses.

3. Whether there is any contradiction between the testimony of the witness and other evidence that has been verified. 4. Whether there is any unreasonableness in the witnesses' empty old words. 5. Whether there is other evidence to support the testimony of the witness.

Legal Basis Civil Procedure Law of the People's Republic of China Article 64 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 due to reasons such as the rise of the case, or evidence that the people's court finds necessary for the trial of the case.

Legal analysis: When there is a disagreement between the two parties on the interpretation of the same evidence, it is necessary to conduct legal analysis from the following aspects:

1.Legal validity of evidence. When resolving differences in evidence, it is first necessary to determine the legal effect of the evidence, including whether the evidence is sufficient, true, and legal, so as to determine whether the evidence can be recognized by both parties.

2.Standard of interpretation of the evidence. After determining the legal effect of the evidence, it is necessary to interpret the evidence according to the nature and specific content of the evidence and relevant legal provisions, and adopt appropriate interpretation standards to determine the meaning and significance expressed by the evidence.

3.Comprehensive analysis of the evidence. If there are still differences in the interpretation of the evidence, it is necessary to conduct a comprehensive analysis of the evidence, combined with other evidence, logical reasoning, and legal provisions related to the situation, to determine the ultimate meaning and significance of the evidence.

Legal basis:1Article 178 of the "People's Republic of China Civil Tong Beixiang Litigation Law": The parties' statements and evidence of the facts shall be cross-examined by the other party in court, and after being reviewed by the rough leadership, the court shall announce and affirm the determination.

2.Article 6 of the Evidence Law of the People's Republic of China: The people's courts shall determine the facts in accordance with law on the basis of the evidence provided by the parties.

3.Article 45 of the Contract Law of the People's Republic of China: In the event of a dispute between the parties to a contract over the interpretation of a contract, it may be resolved through negotiation, entrusting a third party to arbitrate, or filing a lawsuit with the people's court.

To sum up, when there is a disagreement between the two parties on the interpretation of the same evidence, it is necessary to conduct a legal analysis according to the legal effect, interpretation standards and comprehensive analysis of the evidence, and finally resolve the dispute through negotiation, arbitration or litigation.