Interpretation of evidence in civil litigation

The full text of the announcement of "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" is as follows:

In order to ensure that the people's courts correctly identify the facts of the case, hear civil cases fairly and promptly, and ensure and facilitate the parties to exercise their litigation rights according to law, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) and other relevant laws, combined with civil trial experience and actual situation.

First, the parties provide evidence.

Article 1 When the plaintiff files a lawsuit in a people's court or the defendant files a counterclaim, it shall be accompanied by corresponding evidential materials that meet the conditions for prosecution.

Article 2 The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts of the other party's claims.

If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.

Article 3 The people's court shall explain to the parties the requirements and legal consequences of giving evidence, and urge them to give evidence actively, comprehensively, correctly and honestly within a reasonable period of time.

Evidence that the parties concerned cannot collect by themselves due to objective reasons may apply to the people's court for investigation and collection.

Article 4 The following tort litigation? Bear the burden of proof in accordance with the following provisions:

(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;

(2) In the tort litigation of damage caused by highly dangerous operation, the injurer shall bear the burden of proof for the fact that the victim intentionally caused damage;

(3) In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof for the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;

(4) The owner or manager shall bear the burden of proof for the tort lawsuit of the building or other facilities and the shelving, collapse, falling off or damage caused by the building;

(5) In an infringement lawsuit caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;

(6) For infringement litigation caused by defective products, the producer of the product shall bear the burden of proof for the exemption provided by law;

(7) In an infringement lawsuit that * * * causes damage to others due to the same dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;

(eight) in the tort litigation caused by medical behavior, medical institutions should bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.

Where the relevant laws have special provisions on the burden of proof in tort litigation, such provisions shall prevail.

Article 5 In a contract dispute case, the party who claims that the contract relationship is established and effective shall bear the burden of proof for the fact that the contract is established and effective; The party who advocates the alteration, dissolution, termination or dissolution of the contractual relationship shall bear the burden of proof for the facts that caused the alteration of the contractual relationship.

In case of disputes arising from the performance of the contract, the party who has the obligation to perform shall bear the burden of proof.

In case of any dispute over agency right, the party claiming agency right shall bear the burden of proof.

Article 6 In a labor dispute case, if a labor dispute occurs due to the decision of the employer to dismiss, remove from the list, dismiss, terminate the labor contract, reduce the labor remuneration, and calculate the working years of the laborer, the employer shall bear the burden of proof.

Article 7 When there are no specific provisions in the law and the burden of proof cannot be determined according to these provisions and other judicial interpretations, the people's court may determine the burden of proof based on the principles of fairness, good faith and comprehensive consideration of the parties' ability to provide evidence.

Article 8 In the course of litigation, if one party explicitly admits the facts of the case stated by the other party, the other party need not provide evidence. Except for cases involving identity relations.

If the facts stated by one party have not been recognized or denied by the other party, but have not been clearly affirmed or denied after full explanation and inquiry by the judges, it shall be regarded as recognition of the facts.

If a party entrusts an agent to participate in the litigation, the recognition of the agent shall be regarded as the recognition of the party. Except for the fact that the recognition of facts by an agent without special authorization directly leads to the recognition of the other party's claim; The presence of a party who does not deny the approval of his agent shall be regarded as the approval of that party.

If a party withdraws his recognition and obtains the consent of the other party before the end of the court debate, or there is sufficient evidence to prove that his recognition was made under coercion or major misunderstanding, which is inconsistent with the facts, the burden of proof of the other party cannot be exempted.

Article 9 The following facts? The client doesn't need evidence?

(1) Well-known facts;

(2) Natural laws and theorems;

(3) According to the law or the known facts and the rules of daily life experience? Another fact that can be inferred;

(four) the facts confirmed by the legally effective judgment of the people's court;

(five) the facts confirmed by the arbitration institution's effective award;

(6) Facts proved by valid notarial documents.

Items (1), (3), (4), (5) and (6) of the preceding paragraph, unless the parties have evidence to the contrary that can be refuted.

Article 10 the parties provide evidence to the people's court? Original or original materials shall be provided. If it is really difficult to keep the original evidence or provide the original evidence? Copies or reproductions verified by the people's court may be provided.

Article 11 The evidence provided by the parties to the people's court was formed outside the territory of People's Republic of China (PRC)? The evidence should be certified by the notary office of the host country? And certified by the people of China and the embassy and consulate of China in that country? Or perform the certification procedures stipulated in the relevant treaties concluded between People's Republic of China (PRC) and the host country.

The evidence provided by the parties to the people's court was formed in Hongkong, Macao and Taiwan Province Province, and the relevant certification procedures shall be performed.

Article 12 the parties shall provide documentary evidence or explanatory materials in foreign languages to the people's court? Chinese translation should be attached.

Article 13 The fact that there is no dispute between the two parties, but it involves national interests, social public interests or the legitimate rights and interests of others? The people's court may order the parties to provide relevant evidence.

Article 14 the parties shall classify and number the evidence materials submitted one by one? Briefly explain the source, object and content of the evidence materials? Signature and seal? Indicate the date of submission and submit copies according to the number of other parties.

The people's court receives the evidential materials submitted by the parties? Want a receipt? Indicate the name, number of copies, number of pages and time of receipt of the evidence? Signature or seal of the person in charge.

Second, the people's courts investigate and collect evidence.

Article 15 The evidence that the people's court considers necessary for hearing a case as stipulated in Article 64 of the Civil Procedure Law refers to the following situations:

(1) Facts that may harm the national interests, social public interests or the legitimate rights and interests of others;

(two) involving the addition of parties ex officio, suspension of litigation, termination of litigation, withdrawal of litigation and other procedural matters unrelated to substantive disputes.

Article 16 Except under the circumstances stipulated in Article 15 of these Provisions, the people's court shall investigate and collect evidence at the request of the parties.

Seventeenth meet one of the following conditions, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence:

(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court according to its functions and powers;

(two) materials involving state secrets, commercial secrets and personal privacy;

(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.

Eighteenth parties and their agents ad litem shall submit a written application to the people's court for investigation and evidence collection. The application shall state the name, unit name, domicile and other basic information of the person under investigation, the contents of evidence to be investigated and collected, the reasons to be investigated and collected by the people's court and the facts to be proved.

Article 19 the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence seven days before the expiration of the time limit for adducing evidence.

When the people's court rejects the application of the parties and their agents ad litem, it shall serve a notice on the parties and their agents ad litem. The parties and their agents ad litem may, within three days from the day after receiving the notice, apply in writing to the people's court that accepted the application for reconsideration. The people's court shall make a reply within five days from the date of receiving the application for reconsideration.

Article 20 Documentary evidence collected by investigators? Can it be the original? It can also be a certified copy or photocopy. Is this a replica or a replica? The investigation record shall explain the source and evidence collection.

Article 21 The physical evidence collected by investigators shall be original. Is it really difficult for the respondent to provide the original? Replicas or photographs can be provided. Provide copies or photos? The record of investigation shall explain the collection of evidence.

Article 22 investigators investigate and collect computer data or audio-visual materials such as audio and video recordings? The respondent shall be required to provide the original carrier of relevant information. Is it really difficult to provide the original carrier? Copies can be provided. Provide a copy? Investigators should explain its source and production process in the investigation records.

Article 23 A party shall, in accordance with the provisions of Article 74 of the Civil Procedure Law, apply to the people's court for evidence preservation not later than seven days before the expiration of the time limit for adducing evidence.

If the parties apply for evidence preservation, the people's court may require them to provide corresponding guarantees.

Where laws and judicial interpretations provide for the preservation of evidence before litigation, such provisions shall prevail.

Article 24 the people's court shall preserve evidence? Can it be based on the specific situation? Take the methods of sealing up, detaining, taking photos, recording, videotaping, copying, identifying, inspecting and making records.

When preserving evidence, the people's court may require the parties or agents ad litem to be present.

Twenty-fifth parties to apply for identification, should be put forward within the time limit for proof. In accordance with the provisions of the provisions of article twenty-seventh, unless the parties apply for re identification.

The party who bears the burden of proof for matters requiring appraisal fails to apply for appraisal, pay appraisal fees in advance or refuse to provide relevant materials within the time limit specified by the people's court without justifiable reasons? Causing the disputed facts in this case to be unable to be identified by the appraisal conclusion? Should bear the legal consequences that the evidence cannot prove the facts.

Article 26 After the parties' application for authentication is approved by the people's court? Appraisal institutions and appraisers with appraisal qualifications shall be determined by both parties through consultation? No negotiations? Designated by the people's court.

Article 27 if a party disagrees with the appraisal conclusion made by the appraisal department entrusted by the people's court, it shall apply for re-appraisal? Produce evidence to prove the existence of any of the following circumstances? Should the people's court allow it?

(a) the appraisal institution or appraiser does not have the relevant appraisal qualifications;

(2) The appraisal procedure is seriously illegal;

(3) The evidence of the appraisal conclusion is obviously insufficient;

(4) Other circumstances that cannot be used as evidence after cross-examination.

If the conclusion of defect appraisal can be solved by supplementary appraisal, re-appraisal or supplementary cross-examination, it will not be re-appraised.

Article 28 The parties concerned accept the appraisal conclusion entrusted by the relevant departments? If the other party has sufficient evidence to refute and apply for re-appraisal, the people's court shall allow it.

Article 29 A judge shall examine whether the appraisal certificate issued by an appraiser has the following contents:

(a) the name of the client and the contents of the entrusted evaluation;

(2) Materials entrusted for evaluation;

(three) the basis of identification and the scientific and technological means adopted;

(4) Description of the evaluation process;

(5) A clear appraisal conclusion;

(6) A description of the qualifications of the appraisers;

(seven) the signature and seal of the appraiser and the appraisal institution.

Article 30 the people's court shall make a written record when inspecting the physical evidence or the scene? Record the time, place, inspector, people present, process and results of the inspection? Signed or sealed by the inspector and the people present. For the site map drawn, the time, direction, name and identity of the surveyor shall be indicated.

Article 31 extract documents and materials related to the facts of the case produced by the relevant units? Should I indicate the source? And affix the seal of the production unit or storage unit? The extractor and other investigators shall sign or seal the extract.

The extracted documents and materials shall keep the corresponding integrity of the content and shall not be taken out of context.

Third, the time limit for proof and evidence exchange.

Article 32 The defendant shall submit a statement of defense before the expiration of the defense period, stating his opinions on the plaintiff's claim and the facts and reasons on which it is based.

Article 33 The people's court shall serve the parties with the Notice of Case Acceptance and the Notice of Respondent. The notice of proof shall specify the distribution principle and requirements of the burden of proof, the circumstances in which an application can be made to the people's court for investigation and evidence collection, the time limit for proof specified by the people's court according to the circumstances of the case, and the legal consequences of providing evidence beyond the time limit.

The time limit for adducing evidence may be agreed upon by the parties through consultation and approved by the people's court.

If the people's court has provisions on the time limit for adducing evidence, it shall not be less than 30 days from the day after the party receives the notice of accepting the case and the notice of responding to the lawsuit.

Article 34 The parties shall submit evidence materials to the people's court within the time limit for adducing evidence. If the party fails to provide evidence within the time limit, it shall be deemed as giving up the right to provide evidence.

The people's court shall not organize cross-examination of the evidence materials submitted by the parties within the time limit. Unless the other party agrees to cross-examine.

If a party increases or changes a claim or files a counterclaim, it shall file it before the expiration of the time limit for adducing evidence.

Article 35 In the course of litigation, if the nature of the legal relationship or the effectiveness of the civil act advocated by the parties is inconsistent with the determination made by the people's court according to the facts of the case, it shall not be restricted by the provisions of Article 34 of these Provisions, and the people's court shall inform the parties that they can change the litigation request.

If a party changes his claim, the people's court shall re-specify the time limit for adducing evidence.

Article 36 it is really difficult for a party to submit evidence materials within the time limit for adducing evidence? Shall apply to the people's court for an extension of proof within the time limit for proof, with the permission of the people's court? The time limit for adducing evidence may be appropriately extended. Is it still difficult for the parties to submit evidence materials within the extended time limit for adducing evidence? Can I apply for an extension again? Whether to approve or not shall be decided by the people's court.

Article 37 Upon the application of the parties, the people's court may organize the parties to exchange evidence before the court session.

For cases with more evidence or complicated problems, the people's court shall organize the parties to exchange evidence after the expiration of the defense period and before the court session.

Article 38 The time for exchanging evidence may be agreed upon by the parties through consultation and approved by the people's court, or may be designated by the people's court.

If the people's court organizes the parties to exchange evidence, the time limit for adducing evidence shall be the date of exchange of evidence. If the parties concerned apply for an extension of proof with the permission of the people's court, the date of exchange of evidence shall be postponed accordingly.

Article 39 The exchange of evidence shall be conducted under the auspices of a judge.

In the process of evidence exchange, the facts and evidence that the judge has no objection to the parties shall be recorded in the volume; Inconsistent evidence? Classified and recorded in the volume according to the facts that need to be proved? And record the reasons for opposition. By exchanging evidence? Determine the main issues of dispute between the two sides.

Article 40 If the parties refute the evidence exchanged by the other party and present new evidence, the people's court shall notify the parties to exchange it at a specified time.

The exchange of evidence is generally not more than two times. However, in major, difficult and particularly complicated cases, unless the people's court deems it necessary to exchange evidence again.

Article 41 "New evidence" as stipulated in the first paragraph of Article 125 of the Civil Procedure Law refers to the following situations:

(1) The new evidence in the procedure of first instance includes: the evidence newly discovered by the parties after the expiration of the time limit for adducing evidence in first instance; Evidence that the parties concerned cannot provide within the time limit for adducing evidence due to objective reasons, but cannot provide within the extended time limit with the permission of the people's court.

(2) The new evidence in the second trial procedure includes: the newly discovered evidence after the first trial; If the party concerned fails to apply to the people's court for investigation and evidence collection after the expiration of the time limit for adducing evidence in the first instance, the court of second instance shall, after examination, consider that it should be allowed, and shall collect evidence according to the application of the party concerned.

Article 42 If the parties present new evidence in the procedure of first instance, they shall do so before or during the trial of first instance.

If the parties present new evidence in the procedure of second instance, they shall present it before or during the trial of second instance; If the second instance does not need to be heard in court, it shall be put forward within the time limit specified by the people's court.

Article 43 The evidence provided by the parties after the expiration of the time limit for adducing evidence is not new, and the people's court shall not accept it.

The parties are allowed by the people's court to postpone giving evidence? However, if it is not provided within the allowed time limit due to objective reasons, and the failure to listen to the evidence may lead to the obvious injustice of the referee, the evidence provided by it can be regarded as new evidence.

Article 44 "New evidence" as stipulated in Item (1) of Paragraph 1 of Article 179 of the Civil Procedure Law refers to the evidence newly discovered after the trial in the original trial.

If the parties provide new evidence in the retrial procedure, they shall provide it when applying for retrial.

Article 45 If a party submits new evidence, the people's court shall notify the other party to submit opinions or provide evidence within a reasonable time.

Article 46 If a case fails to provide evidence within the specified time limit due to the reasons of the parties concerned, and it is sent back to the people's court for retrial or revision of the judgment due to the presentation of new evidence during the second trial or retrial, the judgment of the original trial is not a misjudged case. If one party requests the other party to provide new evidence to bear the reasonable expenses such as increased travel expenses, lost time, witnesses' testifying in court, legal fees and other direct losses, the people's court shall support it.

Fourth, cross-examination

Article 47 evidence shall be presented in court? Cross-examination of the parties. Evidence without cross-examination cannot be used as the basis for determining the facts of the case.

Evidence recognized and recorded by the parties during the exchange of evidence? After the judge explained it in court? It can be used as a basis for determining the facts of the case.

Article 48 evidence involving state secrets, commercial secrets or personal privacy or other evidence that should be kept confidential by law? Public cross-examination is not allowed during the trial.

Article 49 When conducting cross-examination of documentary evidence, material evidence and audio-visual materials? The parties have the right to demand the production of originals or original evidence. Except in any of the following circumstances:

(1) It is really difficult to produce the original or the original, and the people's court allows it to produce a copy or duplicate;

(two) the original or the original no longer exists, but there is evidence to prove that the copy or duplicate is consistent with the original or the original.

Article 50 During cross-examination? The parties should focus on the authenticity, relevance and legality of the evidence, and focus on whether the evidence is established and how strong it is. Question, explain, refute.

Article 51 cross-examination shall be conducted in the following order?

(a) the plaintiff to produce evidence? The defendant and the third party conduct cross-examination with the plaintiff;

(2) The defendant produces evidence? The plaintiff, the third party and the defendant cross-examine;

(3) The third party provides evidence? The plaintiff, the defendant and the third party conduct cross-examination.

The evidence collected by the people's court according to the application of the parties shall be used as the evidence provided by the parties who filed the application.

The evidence collected by the people's court according to its functions and powers shall be presented at the trial, the opinions of the parties concerned shall be listened to, and the evidence collected through investigation may be explained.

Article 52 Where a case has more than two independent claims? The parties may present evidence one by one for cross-examination.

Article 53 A person who cannot express his meaning correctly cannot be a witness.

A person with no capacity for civil conduct or a person with limited capacity for civil conduct may serve as a witness if the facts proved by him are suitable for his age, intelligence or mental health.

Article 54 If a party applies for a witness to testify in court, it shall do so ten days before the expiration of the time limit for adducing evidence and obtain the permission of the people's court.

If the people's court allows the parties to apply, it shall notify the witnesses to testify in court before the court session, and inform them of the legal consequences of truthfully testifying and perjury.

Reasonable expenses for witnesses to testify in court? The expenses shall be paid in advance by the party providing the witness and borne by the losing party.

Article 55 a witness shall testify in court? Accept questions from the parties.

When the people's court organizes the parties to exchange evidence, if a witness is present to give testimony, it can be regarded as testifying in court.

Article 56 A witness who is unable to appear in court due to real difficulties as stipulated in Article 70 of the Civil Procedure Law refers to the following circumstances:

(a) old, weak or unable to appear in court due to mobility difficulties;

(two) the special post is really unable to leave;

(3) the distance is particularly long? It is difficult to appear in court due to inconvenient transportation;

(4) Unable to appear in court due to force majeure such as natural disasters;

(five) other special circumstances can not appear in court.

In the circumstances mentioned in the preceding paragraph, with the permission of the people's court, a witness may submit written testimony or audio-visual materials, or testify through two-way audio-visual transmission technology.

Article 57 When a witness testifies in court, he shall objectively state the facts he feels. If the witness is deaf, he can testify in other ways.

A witness shall not use speculative, inferential or critical language when testifying.

Article 58 A judge and a party may question a witness. Witnesses are not allowed to attend the trial; Other witnesses shall not be present when questioning witnesses. When the people's court deems it necessary, it may allow witnesses to confront each other.

Article 59 An expert witness shall appear in court to be questioned by the parties concerned.

If the appraiser is unable to appear in court for special reasons, he may, with the permission of the people's court, answer the questions of the parties in writing.

Article 60 With the permission of the court? The parties may ask questions to witnesses, expert witnesses and inspectors.

Questioning witnesses, expert witnesses and inspectors shall not use words and methods that threaten, insult or improperly guide witnesses.

Article 61 A party may apply to the people's court for one or two persons with specialized knowledge to appear in court to explain the specialized issues of the case. If the people's court approves the application, the relevant expenses shall be borne by the applicant.

Judges and parties may ask questions to people with specialized knowledge who appear in court.

With the permission of the people's court, the personnel with specialized knowledge applied by the parties may cross-examine the problems in the case.

People with professional knowledge can ask appraisers.

Article 62 the court shall record the cross-examination of the parties? After verification, it shall be signed or sealed by the parties.

Verb (abbreviation of verb) Examination and determination of evidence

Article 63 The people's court shall make a judgment according to the facts of the case proved by evidence.

Article 64 A judge shall follow legal procedures? Comprehensively and objectively examine the evidence, follow the professional ethics of judges according to the law, use logical reasoning and daily life experience to independently judge whether the evidence has probative power and its size, and publicly judge the reasons and results.

Article 65 A judge may examine and determine a single evidence from the following aspects?

(1) Is the evidence original? Whether the copies and reproductions are consistent with the original and the original;

(two) whether the evidence is related to the facts of the case;

(3) Whether the form and source of evidence comply with the law;

(4) Whether the contents of the evidence are true;

(5) A witness or a person who provides evidence? Whether there is an interest relationship with the parties.

Article 66 A judge shall comprehensively examine and judge all the evidence of a case from the aspects of the degree of correlation between the evidence and the facts of the case and the connection between the evidence.

Article 67 In a lawsuit, the determination of the facts of the case involved in the compromise made by the parties in order to reach a mediation agreement or settlement? It shall not be used as evidence against it in subsequent proceedings.

Article 68 Evidence obtained by infringing upon the lawful rights and interests of others or violating the prohibitive provisions of laws cannot be used as the basis for ascertaining the facts of a case.

Article 69 The following evidence cannot be used as the basis for determining the facts of a case alone?

(1) Testimonies made by minors that are not commensurate with their age and intellectual status;

(2) Testimony issued by a witness who has an interest in the party concerned or his agent;

(3) audio-visual materials with doubts;

(four) copies and reproductions that cannot be checked with the original and the original;

(5) Testimony of witnesses who fail to testify in court without justifiable reasons.

Article 70 If a party objects to the following evidence and there is no evidence to the contrary, the people's court shall confirm it:

(1) The original documentary evidence or the photocopies, photos, duplicates and excerpts verified with the original documentary evidence;

(2) Original material evidence or photocopies, photos, video materials, etc. Consistent with the original material evidence;

(3) Legally obtained audio-visual materials supported by other evidence, or copies confirmed with the audio-visual materials;

(four) the parties apply to the people's court to make material evidence or on-site inspection records in accordance with legal procedures.

Article 71 The appraisal conclusion made by the appraisal department entrusted by the people's court? If the parties have no evidence and reasons to the contrary, their probative force can be determined.

Article 72 If the evidence presented by the parties is insufficient to refute, the people's court may confirm its probative force.

If one party objects to the evidence presented by one party and the other party refutes it, the probative force of the rebuttal evidence can be confirmed if the other party approves it.

Article 73 The two parties separately present contrary evidence for the same fact? But there is not enough evidence to deny each other's evidence? The people's court shall, in combination with the circumstances of the case, judge whether the probative force of the evidence provided by one party is obviously greater than that provided by the other party, and confirm the evidence with greater probative force.

If it is difficult to identify the disputed facts because the probative force of the evidence cannot be judged, the people's court shall make a judgment in accordance with the rules on the allocation of burden of proof.

Article 74 In the course of litigation, the facts unfavorable to the parties and the evidence recognized by the parties in the indictment, defense, statement and agent's statement? Should the people's court confirm it? However, unless the parties repent and there is evidence to the contrary that can be overturned.

Article 75 Where there is evidence to prove that one party holds evidence and refuses to provide it without justifiable reasons? What if the other party claims that the content of the evidence is not conducive to the evidence holder? It can be assumed that this proposition is valid.

Article 76 What do the parties claim about themselves? Can only show my statement and no other relevant evidence? Its claim is not supported. Except those approved by the other party.

Article 77 The people's court shall comprehensively consider the probative force of multiple evidences on the same fact. Can be identified according to the following principles?

(a) the probative force of official documents and documentary evidence produced by state organs and social organizations according to their functions and powers is generally greater than other documentary evidence;

(2) Physical evidence, archives, expert conclusions, records of inspection or notarized and registered documentary evidence? Its probative force is generally greater than other documentary evidence, audio-visual materials and witness testimony;

(3) The probative force of the original evidence is generally greater than that of the obtained evidence;

(4) The probative power of direct evidence is generally greater than that of indirect evidence;

(5) Testimony provided by a witness that is beneficial to the party with whom he has kinship or other close relations? Its probative force is generally less than the testimony of other witnesses.

Article 78 When confirming the testimony of a witness, the people's court may make a judgment by comprehensively analyzing the intelligence, morality, knowledge, experience, legal awareness and professional skills of the witness.

Article 79 The people's court shall explain the reasons for the admissibility of evidence in the judgment document.

For evidence that is not disputed by the parties, the judgment document may not specify the reasons for the admissibility of the evidence.

Intransitive verb others

Article 80 The lawful rights and interests of witnesses, expert witnesses and inspectors shall be protected according to law.

Parties or other participants in litigation forge or destroy evidence? Providing false evidence? Preventing witnesses from testifying, instigating, bribing or coercing others to commit perjury? Or take revenge on witnesses, expert witnesses and inspectors? In accordance with the provisions of Article 102 of the Civil Procedure Law.

Article 81 The people's courts shall apply summary procedures to hear cases, and shall not be restricted by the provisions of Articles 32, 33, paragraph 3 and 79 of this Interpretation.

Article 82 The past judicial interpretation of our court? Inconsistent with these regulations? These provisions shall prevail.

Article 83 These Provisions shall come into force as of April 6, 2002. These Provisions do not apply to civil cases of first instance, second instance and retrial that have not been concluded on April 1 2002.

In a civil case that has been tried before the implementation of these Provisions, the people's court shall not support it if the parties apply for retrial on the grounds of violating these Provisions.

After the implementation of these provisions, these provisions shall apply to the retrial of civil cases tried by the people's courts in accordance with the provisions of Article 184th of the Civil Procedure Law.