The noun concept of civil evidence, the types of civil evidence

Updated on society 2024-05-16
9 answers
  1. Anonymous users2024-02-10

    Legal analysis: The types of civil evidence include: 1. Statements of the parties; 2. Documentary evidence; 3. Physical evidence; 4. Audio-visual materials; 5. Electronic data; 6. Witness testimony; 7. Appraisal opinions; 8. Inquest records.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 63: Evidence includes:

    1) Statements of the parties;

    2) documentary evidence; 3) physical evidence;

    4) audio-visual materials;

    5) Mass slag data;

    6) witness testimony;

    7) Appraisal of the intention of the brother;

    8) Inquest records.

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

    Article 64: Parties have the responsibility to provide evidence for their own claims. Where the parties and their litigants are unable to collect evidence on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case, the people's court shall investigate and collect it. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

  2. Anonymous users2024-02-09

    The Concept and Classification of Evidence in Civil Litigation Evidence in civil litigation refers to all the facts used in civil litigation to prove the truth of the facts of the case. The statutory types of evidence can be divided into administrative litigation evidence, criminal litigation evidence, and civil litigation evidence. Generally, there are:

    Documentary evidence, physical evidence, audio-visual materials, witness testimony, party statements, appraisal conclusions, etc. Documentary evidence is a kind of evidence that is commonly used in civil litigation and plays a very important role in civil litigation. Evidence.

    Physical evidence refers to evidence that proves the facts of a case by its shape, quality, specifications, characteristics, etc. That is, there are only these seven types of evidence, and other materials are not included in evidence. Therefore, the 2012 Civil Procedure Law amended the original provision of "evidence has the following types" to "evidence includes" to eliminate misunderstandings, added electronic data as a type of evidence, and revised "appraisal conclusion" to "appraisal opinion".

    1. Where there is no direct evidence, but the circumstantial evidence meets the following conditions at the same time, the defendant may be found guilty:

    1. The evidence has been verified to be true;

    2. The evidence corroborates each other, and there are no contradictions and unexplained doubts that cannot be eliminated;

    3. The evidence of the whole case has formed a complete proof system;

    4. The facts of the case are sufficient to eliminate reasonable doubt based on the evidence, and the conclusion is unique;

    5. Reasoning using evidence is logical and empirical.

    2. How to make a judgment if the evidence for minor injuries is insufficient.

    1. The public security organs may mediate and close the case. After the public security organs have completed the filing and investigation of minor injury cases that were originally considered to be "insufficient evidence", a report on the conclusion of the investigation shall be issued and sent to both parties, and both parties may be persuaded and educated, and on the premise that both parties are voluntary, both parties are to write an application for mediation to the public security organs, and on this basis, the public security organs may organize mediation to conclude the case. In this way, it is convenient to stabilize the emotions of both parties and resolve conflicts in a timely manner;

    2. The victim initiates a private prosecution. In ordinary minor injury cases where the basic facts are clear, the basic evidence is credible and sufficient, and the public security organs are unable to persuade both parties to voluntarily mediate, the public security organs shall inform the victim to initiate a civil lawsuit attached to the criminal case in the people's court. In cases of minor injuries where the public security organs find that the evidence of harm is still insufficient or difficult to ascertain, or that the public security organs do not consider to be a crime, the public security organs shall inform the victim to initiate a civil lawsuit in the people's court and demand that the other party bear civil liability;

    3. Implement "limited public prosecution" for special cases. That is, in cases of minor injuries that meet the requirements for general public prosecution described above, where the circumstances of the case are complex, the social impact or harm is relatively large, and the public security organs have already taken compulsory measures against the defendant and can be sentenced to a criminal punishment, the public security organs should transfer the case to the procuratorate as soon as possible to initiate a public prosecution in accordance with law.

    Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China 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.

  3. Anonymous users2024-02-08

    Legal analysis: 1. Statements of the parties to the infiltration hall; 2. Documentary evidence; 3. Physical evidence; 4. Audio-visual materials; 5. Electronic data; 6. Witness testimony; 7. Appraisal opinions; 8. Inquest records.

    Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) statements by the parties; 2) documentary evidence; Covering the hand (macro shouting suspicion three) 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.

  4. Anonymous users2024-02-07

    The main types of evidence in civil cases are: (1) documentary evidence. Answer: Touching anyone who uses words, symbols, and pictures to express people's thoughts on a certain object.

    2) Physical evidence. Prove one or all of the facts to be proved with articles, socks, etc. (3) Audio-visual materials.

    All materials stored by video and audio recordings. (4) Witness testimony. Statements made by persons other than participants in the litigation who are aware of the relevant circumstances of the case (5) statements of the parties.

    (6) The description of the facts of the case made by the parties to the people's court in the Qingtan litigation (6) appraisal conclusions. Opinion of someone with expertise to conduct an appraisal. (7) Inquest records.

    Legal basis

    Article 63 of the Code of Civil Procedure.

  5. Anonymous users2024-02-06

    Legal Analysis] The types of civil evidence include: first, the statements of the parties related to the case. second, documentary evidence, third, physical evidence.

    Fourth, audiovisual materials. Fifth, electronic data. Sixth, witness testimony.

    Seventh, the appraisal opinions of professionals. Eighth, the inquest records of the adjudicators. Evidence must be verified and true before it can be used as the basis for determining facts.

    Legal basis] Several Provisions on Evidence in Civil Proceedings

    Article 20: Parties and their litigants applying to the people's court to investigate and collect evidence shall submit a written application before the time limit for presenting evidence is completed. The written application shall clearly indicate basic information such as the name of the person being investigated, the name of the unit and the place of residence, the name or content of the evidence to be investigated and collected, the reasons why the people's court needs to investigate and collect evidence, the facts to be proved, and clear leads.

    Article 21: Documentary evidence collected by people's courts through investigation may be originals, or copies or reproductions that have been verified to be correct. Where it is a copy or reproduction, it shall be explained in the investigation record and the circumstances of evidence collection.

    Article 22: Physical evidence collected by the People's Law Morning Court shall be original. Where the person being investigated has real difficulty providing the originals, they may provide reproductions or video materials. Where reproductions or video materials are provided, the circumstances of evidence collection shall be explained in the investigation record.

    Article 23: People's courts investigating and collecting audiovisual materials and electronic data shall request that the person being investigated provide the original medium. If it is indeed difficult to provide the original carrier, the burning hall can provide a copy. Where a copy is provided, the people's court shall explain it and the process of making it in the investigation record.

    Where people's courts employ evidence preservation measures for audiovisual materials or electronic data, apply the provisions of the preceding paragraph.

  6. Anonymous users2024-02-05

    1) 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, investigations, investigations, 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. Under normal circumstances, the law gives special administrative organs the right to investigate and collect evidence, and of course, as an administrative organ, it is also necessary to strictly follow the legal procedures and regulations when enforcing the law. Wow Lee.

    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;

    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.

  7. Anonymous users2024-02-04

    Types of civil evidence: statements of the parties; documentary evidence; Evidence. audiovisual materials; electronic data; witness testimony; Appraisal opinions; Investigation and elimination records; Other. Evidence in civil proceedings refers to the basis for determining the facts of a case in accordance with the rules of civil procedure, and the original or original items shall be provided when evidence is provided to the people's courts.

    Legal basis] Article 1 of the Rules of Evidence in Civil Procedure.

    Where the plaintiff files a lawsuit with the people's court or the defendant submits a counterclaim, the corresponding evidentiary materials that meet the requirements for filing a lawsuit shall be attached.

    Article 10. Parties providing evidence to the people's courts shall provide the originals or items. Where it is necessary to preserve the original or original evidence by oneself, or where it is truly difficult to provide the original or original, a copy or reproduction that has been verified by the people's court may be provided.

  8. Anonymous users2024-02-03

    Classification of Civil Evidence According to Article 63 of the Civil Procedure Law, there are seven types of civil evidence: documentary evidence, physical evidence, audio-visual materials, witness testimony drafts, party statements, appraisal conclusions, and inspection records.

  9. Anonymous users2024-02-02

    Types of civil evidence: statements of the parties; Documentary evidence of the Mausoleum; Evidence. visual slowing mask listening to information; electronic footnotes; witness testimony; Appraisal opinions; Inquest records; Other. Evidence in civil litigation refers to the basis for determining the facts of a case in accordance with the rules of civil procedure, and the original or original items shall be provided to the people's courts.

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