The other party s evidence is forged, how should it be refuted?

Updated on society 2024-05-06
5 answers
  1. Anonymous users2024-02-09

    If it is only a civil lawsuit, then the principle of evidence is: who asserts, who presents evidence, and you say that the other party has falsified evidence, then you must present your evidence, and also, the other party's relatives participated in the fight, did they participate in the "distribution of benefits"? That is, if the relative who participated in the fight did not file a lawsuit against you for compensation, an apology, etc., then why can't he testify?

    Didn't you testify to yourself? To put it another way: you are involved in this lawsuit, both as a plaintiff (defendant) and as a witness, can you understand that?

    If the case causes minor injuries or more injuries, these are beyond your control, and the public security organs should file a case for investigation and then handle it according to the procedures. Finally, you should raise the question of whether the relative can testify in court and ask the court to consider it at its discretion, preferably with the appropriate evidence to prove that the relative has a strong connection to the case.

  2. Anonymous users2024-02-08

    First, evidence can be found to prove the kinship between the other party and the "witness", and witnesses, neighborhood committees, village committees, etc. can be found to issue certificates;

    the second is to find evidence to prove that the "witnesses" also participated in the fight;

    Third, if they can't take out the flat burden they use to beat people, the police station will generally not approve it;

    The basis for conviction and sentencing for the crime of intentional injury is whether the other party's injuries constitute minor injuries and are not directly related to the tools used to commit the crime.

  3. Anonymous users2024-02-07

    If you believe that the other party's evidence is forged, then you will have to bear the burden of proof to prove that the other party's evidence is forged. At the same time, you can apply to the court to appraise the other party's evidence, or re-evaluate it.

    After the other party's relatives were involved in the fight, you need to prove that the other party's witness is his relative and participated in the fight. If there are no witnesses to testify, then it is best to prove that they are relatives, so that the other party's evidentiary and probative power will be very low.

    If the other party believes that you injured him with a flat shoulder, if the other party has no evidence to prove it, the other party's claim is not established, and the court will generally not give it.

    Hope, thank you.

  4. Anonymous users2024-02-06

    Legal analysis: 1) If it is still during the litigation of the original case, it is sufficient to raise reasonable doubts about the evidence and request for an appraisal and accompaniment. (2) If the original lawsuit has been concluded. An appeal or retrial may be filed according to the time.

    Legal basis: Civil Procedure Law of the People's Republic of China Article 111: Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

    1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;

    2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;

    3) Concealing, transferring, selling, or destroying property that has already been sealed or concealed, or property that has already been inventoried and ordered to be kept, or transferring property that has been frozen;

    4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;

    5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;

    6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law

  5. Anonymous users2024-02-05

    If the other party is suing for falsifying evidence, it should first submit a complaint, then collect the forged evidence and hand it in, and the people's court will make a judgment and punishment based on the facts and law.

    1. How one of the spouses can unilaterally sue for divorce.

    How one of the spouses unilaterally sues for divorce: First, the parties should collect evidence on the breakdown of the relationship between the spouses, child support, property, debts and other relevant aspects. Then, based on the aforementioned evidence, a civil complaint is drafted and submitted to the people's court with jurisdiction.

    Finally, the people's court shall conduct a trial and judgment in accordance with law.

    2. How one party sues for divorce.

    How one party sues for divorce: First of all, you should provide the ID card of the man and the woman, the marriage certificate, the child's household registration certificate, the relevant certificate of the joint property of the husband and wife, the certificate of joint debt, and the evidence that the relationship between the husband and the woman has indeed broken down, and then write the complaint containing the claim and the facts and reasons of the case you stated according to your own requirements, and file a lawsuit with the court where the sued party is located. If one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    3. Can surveillance footage be used as evidence in civil litigation?

    Surveillance footage can be used as evidence in civil proceedings. However, the surveillance video is used as evidence to determine the facts of the crime if it meets the legality, authenticity, and objectivity of the evidence. Evidence obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as the basis for determining the facts of a case.

    Judicial organs have the right to collect and collect evidence from relevant units and individuals in litigation, and no unit or individual may refuse to do so. Those who fabricate, conceal or destroy evidence shall bear legal responsibility.

    Article 54 of the Criminal Procedure Law provides that the people's courts, people's procuratorates and public security organs have the right to collect and collect evidence from relevant units and individuals. Relevant units and individuals shall truthfully provide evidence. Evidentiary materials such as physical evidence, documentary evidence, audio-visual materials, and electronic data collected by administrative organs in the course of administrative law enforcement and case investigation may be used as evidence in criminal proceedings.

    Evidence involving state secrets, commercial secrets, or personal privacy shall be kept confidential. Anyone who falsifies evidence, conceals evidence, or destroys evidence, regardless of who he belongs to, must be prosecuted by law.

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