Will the plaintiff win the lawsuit without evidence?

The plaintiff will generally not win the lawsuit without evidence, and the court will generally rule against the plaintiff. In civil litigation, the court is not obliged to collect evidence from the plaintiff or defendant.

Legal analysis

According to the relevant laws and regulations, evidence is the material that proves the facts, the issue of evidence is the core issue of litigation, and all litigation activities actually revolve around the collection and use of evidence. The rules of evidence in civil litigation stipulate who asserts and who presents evidence, and the parties shall provide evidentiary support for their own assertions. If the evidence is insufficient, or there is no evidence, then psychological warfare is relied upon.

For example, in a dispute over borrowing money to repay money, the plaintiff could not find the key evidence of the IOU, and could only find a copy. **, the defendant saw the copy and admitted the facts, but only later did he find out that the plaintiff did not have the original, and it was too late to help. In this case, for the plaintiff, the case went very smoothly, because the facts themselves were like this, and the defendant was more reasonable, and followed this line of thought, admitting the copy, without first thinking that in fact, the plaintiff may have long lost the original.

However, if the defendant is smarter or the other party has a lawyer, such a situation is risky. Therefore, if there is no need to file a lawsuit immediately, collect key evidence before suing, or collect evidence while initiating a lawsuit, such as collecting audio recordings if there is no IOU. In fact, this also requires the fighting spirit of both sides.

Therefore, the plaintiff will generally lose the lawsuit if he has no evidence.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 64: 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 for objective reasons, 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.

Article 65: Parties shall promptly provide evidence for their own claims. On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application.

Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

You can't win without evidence, because in a civil lawsuit. Whoever asserts who adduces evidence, and how the judge can believe your facts and reasons without evidence, must be supported by evidence.

China attaches great importance to evidence and does not attach importance to confessions, which are only used as references, and if there is no evidence, it is difficult to win a lawsuit.

Evidence is required in a lawsuit, and you won't win without evidence!

Legal Analysis: If you don't have any evidence, you can't win the lawsuit. Article 108 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit: 1. The plaintiff is a citizen, legal person or other organization with a direct interest in the case; 2. There is a clear defendant;

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

Article 70: Documentary evidence shall be submitted in original. Physical evidence shall be submitted in its original form. If it is truly difficult to submit the original or the original, a copy, **, copy, or excerpt may be submitted.

Article 76: Parties may apply to the people's court for an evaluation on specialized issues of ascertaining facts. Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

Article 77: Evaluators have the right to learn about the case materials needed to conduct evaluations, and when necessary, may question parties and witnesses. The evaluator shall submit a written evaluation opinion and sign or affix a seal to the appraisal document.

Article 78: Where parties have objections to an evaluation opinion or the people's court finds that it is necessary for an evaluator to appear in court, the evaluator shall appear in court to testify. Where upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis for determining the facts; The party who paid the appraisal fee may request a refund of the appraisal fee.

Article 79: Parties may apply to the people's court to notify persons with specialized knowledge to appear in court and submit opinions on evaluation opinions or professional issues made by evaluators.

Article 80: In the inquest of physical evidence or at the scene, the inquest person must present the people's court's identification, and invite the local basic-level organization or the party's unit to send someone to participate. The parties or their adult family members shall be present, and where they refuse to appear, it does not impact the conduct of the inquest. Relevant units and individuals have the obligation to protect the scene and assist in the inquest work on the basis of the notice of the people's court.

The inquest personnel shall make a record of the circumstances and results of the inquest, and the inquest personnel, the parties, and the invited participants shall sign or affix a seal.

Legal analysis: There is no lawsuit, and the court cannot hear the case without evidence, and even if it is heard, the court will lose the case.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China has the following types of evidence: (1) documentary evidence;

2) physical evidence; 3) audio-visual materials;

4) witness testimony;

5) the statements of the parties;

6) Appraisal conclusions;

7) Inquest records.

The above evidence must be verified as true before it can be used as the basis for determining the facts.