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Types and classification of evidence (legal types and academic classification)
(1) The types of evidence are also called legal types of evidence: they are the types of evidence specified by law. The State Council Decree No.28 classifies evidence into the following seven legal types: 1, documentary evidence 2, material evidence 3, witness testimony 4, audio-visual materials, computer data 5, statements of the parties 6, expert conclusions 7, on-site transcripts and inspection transcripts (II). The theoretical classification of evidence is the theoretical classification of evidence in evidence law. There are many theoretical classifications: original evidence and external evidence, direct evidence and indirect evidence, verbal evidence and physical evidence, proof and disproof, etc. Because some classifications are in-depth theoretical research, according to the situation that we can often apply in handling cases, I will focus on introducing original evidence and incoming evidence, as well as direct evidence and indirect evidence. Let's start with the original evidence and incoming evidence, 1. According to whether the evidence comes directly from the facts of the case or the original source, the evidence is divided into original evidence and incoming evidence. The so-called original evidence refers to the evidence directly from the facts of the case or the original source. Here, "from the facts of the case" means that the evidence is formed under the direct action or influence of the facts of the case, and the so-called "from the original" means that the evidence directly comes from the environment where the evidence is produced. For example, we seized and detained tools and illegal products used in illegal activities at the scene. Testimony of witnesses, statements of parties, etc. A person who directly perceives the facts of a case. The so-called incoming evidence refers to the evidence materials obtained from indirect non-main sources rather than directly from the facts of the case or the original sources. Evidence formed by copying, copying, copying and reporting. Such as: various copies, photocopies, witness testimony that does not directly know the facts of the case, etc. It should be noted that the standard to distinguish original evidence from admissible evidence is whether the evidence directly comes from the facts of the case or the original source, not whether the expression of the evidence itself is a copy. For example, illegally printed trademarks are plagiarized or copied, but they cannot be used as evidence, and there are contracts generated by copying. When confirming the evidence of this punishment, the shopping invoice cannot be based on some gossip or arbitrary judgment of the case handlers. This kind of evidence can only be confirmed after careful comparison and confirmation by the parties.
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