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How can I submit evidence if I can't bring my mobile phone to court?
Second, the relevant laws and regulations on evidence handling in civil litigation:
Criminal Procedure Law of the People's Republic of China
Article 204 In the course of a court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness to appear in court, obtain new material evidence, re-evaluate or conduct an inquest;
(two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions;
(3) The trial cannot be conducted due to the application for withdrawal.
Article 197 During the court hearing, the parties, their defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, to apply for obtaining new material evidence, and to apply for re-appraisal or inspection. Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions. The court shall make a decision on whether to approve the above application. When trying a civil case, the defendant may carry a mobile phone, but he shall not answer the phone at will during the trial. Because the court is a solemn place.
To sum up, China's laws protect the legitimate rights and interests of every citizen from infringement, and all civil actions should be carried out according to law. Generally speaking, evidence is allowed in civil litigation, but it must be on time, which involves the issue of fairness and needs specific case analysis.
legal ground
Article 7 of the Rules of the People's Court of People's Republic of China (PRC) clearly stipulates that articles that are not allowed to be brought into the court are mainly divided into six categories:
1, firearms, ammunition, controlled knives and other weapons.
2. Flammable, explosive and suspected explosives
3, radioactive, toxic, corrosive, strong odor substances and infectious disease pathogens.
4. Liquid, colloid and powder articles
5. Slogans, banners and leaflets
6. Other items that may endanger the security of the court or disturb the order of the court. It can be seen that mobile phones are not items that are not allowed to enter the court.
Article 17 clearly stipulates that all personnel shall obey the command of the presiding judge or the sole judge, respect judicial etiquette and observe court discipline in court trial activities, and shall not commit the following acts:
(1) Applause and make noise
(2) Smoking and diet
(3) make or answer the phone
(four) audio recording, video recording, photography or the use of mobile communication tools to spread the trial activities.
(five) other acts that endanger the security of the court or disturb the order of the court. Therefore, when you bring a mobile phone into the court to participate in the trial, you are not allowed to make or answer the phone, record, video, take photos or use mobile communication tools to spread the trial activities without the permission of the presiding judge or the sole judge.
Article 7 of the Rules of People's Republic of China (PRC) People's Court
Except for the evidence that needs to be presented in court with the permission of the people's court, the following items shall not be brought into court:
(1) Weapons such as guns, ammunition and controlled knives.
(two) flammable and explosive materials, suspected explosives
(three) radioactive, toxic, corrosive, strong odor substances and infectious disease pathogens.
(4) Liquid, colloid and powdery articles.
(5) Slogans, banners and leaflets
(6) Other articles that may endanger court security or interfere with court order.
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