Some of the burden of proof required lawsuit common sense

What is the evidence »

The evidence is that the people's court hearing cases, cases can prove that the real situation, objective fact is that the people's courts in accordance with the facts of the case.





Evidence, including documentary evidence, exhibits, audio-visual materials, the testimony of witnesses, the parties statements, identification of conclusions and (g) The examination transcripts. In the civil, economic litigation, the parties have the burden of proof, only to really, fully in favour of their evidence in order to win the case. Therefore, the parties must establish a strong sense of the evidence.

The parties of their claim which should provide evidence »

According to the law, the parties put forward their own ideas on the need to provide evidence to prove the following:

(1) he fact that the law should be whether there is a legal fact, when or what happened and the reasons for such areas proceed;

(2) the parties stand on the procedures of the fact that the "civil law" provisions of the law can cause civil relations, change and the eradication of the facts;

(3) legal relationship between the parties and the civil rights of the fact that the dispute;

(4) to act as a final decision based on the facts;

(5) in connection with the case of other facts.

Economic civil litigation who advocate who will be the burden of proof? »

In general, who advocate who is the burden of proof, but the inversion of the burden of proof in the case, the negative burden of proof from the defendant. That is, in the following infringement proceedings, the plaintiff's infringement on the facts, the defendant denied by the accused bear the burden of proof:

(1) of the product manufacturing process, inventions and patents arising from the patent infringement litigation;

(2) of high-risk operations to cause damage to the infringement proceedings;

(3) due to damages caused by environmental pollution litigation;

(4) buildings or other facilities, and the shelving of the building, Xuangua Wu collapsed, falling, falling to cause damage to the infringement proceedings;

(5) keeping animals cause damage to the infringement proceedings;

(6) the provisions of relevant laws by the defendant the burden of proof case.

The people's courts have the responsibility of investigating and collecting evidence? »

Some evidence submitted by the parties more difficult, so the law by the courts responsible for investigating the collection. These include:

(1) the parties and their agents because of objective reasons for the proceedings can not be collected and has made accessible evidence and the evidence for clues;

(2) (g) The examination by the court or the commission identified;

(3) the impact of the parties to identify the main facts of the case of conflicting evidence, the court finds that its effectiveness can not be Testimony;

(4) the court considers necessary to investigate the collection of other evidence. Over the evidence collected by the court to investigate the failure, still bears the burden of proof of the parties can not bear the burden of proof of the consequences.

Whether all the facts of the case to give evidence to prove »

The fact that the parties do not have the burden of proof:

(1) A party to the other party to present the facts of the case and put the claim, made it clear that recognition;

(2) the well-known facts and the law of nature and theorem;

(3) required by law or the known facts, can be presumed to another fact;

(4) has the force of law in the People's Court magistrate determined by the facts;

(5) has proven effective notarized by the fact that the instruments.

What kind of evidence more effective »

When a number of material evidence, there is proof of the strength of the problem. Judge the effectiveness of a number of strong or weak evidence should take note of the following circumstances:

(1) of exhibits, historical files, identification of conclusions, (g) The examination transcripts or have been legalized, the registration of the certificates, proof of their generally higher than other documentary evidence, audio-visual materials and the testimony of witnesses;

(2) provided by the witnesses and their relations have relatives or other close relations beneficial to the testimony of one of the parties, other than that of the testimony of witnesses;

(3) the original evidence that came in higher than evidence;

(4) there is evidence that the party holding the evidence to justify refusing to provide, if the other party that the contents of the evidence is not conducive to holders of evidence, the presumption advocated the establishment;

(5) party to the evidence, they recognized or not refute, can confirm that their force;

(6) party to the evidence, they cite no evidence to refute the corresponding can be integrated in all cases the evidence be found.

The burden of proof should pay attention to what »

Parties in the burden of proof, submitted documentary evidence, physical evidence is the original or the best supplies. And supplies to the original or a difficult, and can submit copies of photos, a copy of excerpts from a copy of this, and so on, but with the originals, and supplies the content, form and other characteristics match. The statement made by the parties, submitted by the audio-visual materials, as well as the testimony of witnesses must be true and reliable, not to resort to deception, false evidence, or to bear legal responsibility.