How to prove coercion in civil litigation?

That has to be evidence, and it's okay to have witnesses.

In practice, in this case, there are several ways to prove the possibility of "being coerced" (for reference only, of course, the arrears on the IOU should be large enough, or a large amount for both parties, otherwise it will be tens or hundreds of yuan, who has the effort to go to court to sue, it is not enough to toss).

1. Since the other party "lend" you money, then whether the other party has the economic strength, if the other party does not have the financial resources, then the matter of borrowing money does not exist.

2. Since I "borrowed" the other party's money, then I did not use the money after "borrowing" it (for example, there is no change in living conditions, no valuables purchased, no increase in deposits, no new investment, etc.), then it can also be proved that the matter of borrowing money is nothing.

3. Whether the reason for borrowing money on the IOU is reasonable and obviously unreasonable can also prove that there is a problem with borrowing money.

4. The handwriting on the IOU. Because when under duress, people will be nervous, and the handwriting must be a little trembling, which is still different from normal writing, which can prove that they were coerced at that time.

5. When writing an IOU, whether you are hurt by the other party, you may go to the hospital for medical treatment after writing the IOU, which can also be proved on the side.

6. There are family members or friends. If you are detained for a long time when writing an IOU, your family and friends will be worried about your whereabouts, which can prove that there is an irregularity when writing the IOU.

7. Finally, the public security organ, whether the IOU was reported in time after writing the IOU, although the degree of proof is not high, it is enough to show that the IOU was not written from your original intention, or it was written unwillingly.

1. Coercion with the imminent damage to the life, property, reputation, freedom, or credibility of the coerced person;

2. Coercion by directly committing illegal acts against the coerced person or his relatives and friends, causing damage to the life, property, reputation, freedom, and reputation of the parties and their relatives and friends. In this case, not only is the contract invalid, but the coerced person directly infringes on the personal and property safety of the coerced person, and should bear tort liability.

Criminal Procedure Law of the People's Republic of China

Article 50. The materials that can be used to prove the facts of the case are all evidence. Evidence includes:

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, identifications, investigative 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.

You can collect relevant witness testimony, documentary evidence, physical evidence, etc., to prove that you were coerced.

Feast QiaoAnalysis of the bond law of the cavityThis evidence can be given from the other party and their own intentions, their own audio and video recordings, or witnesses at the scene of the crime. The materials that can be used to prove the facts of the case are all evidence. Evidence includes:

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, identifications, investigative 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. There must be a contract entered into between the coerced person and the coerced person against his true intention as a result of the coercive act.

If the coerced seller is unmoved by the threat of the other party, and does not enter into a contract with the other party or the contract is not due to the coercion of the other party, it does not constitute coercion.

Legal basisCivil Code of the People's Republic of China Article 150:Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request that the people's court or arbitration institution revoke it.

Legal analysis: You can collect relevant witness testimony, documentary evidence, physical evidence, etc., and slow down the fact that the evidence must be verified to be true, which can better disturb the socks as the basis for the verdict, and can strengthen the strength of proof, so as to prove that you were coerced.

Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China: Materials that can be used to prove the facts of a case are all evidence. Evidence includes:

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, identifications, investigative 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.

Civil acts of fraud and coercion are revocable civil juristic acts, and after revocation, they no longer have legal effect. If one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Legal basis

Article 148 of the Civil Code.

Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 149.

Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 150.

Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request that the people's court or the adjudication body revoke it.