Interpretation of civil procedure law

I. Interpretation of Evidence Rules of Civil Procedure Law

Article 90 Unless otherwise provided by law, the parties shall provide evidence to prove the facts on which their claims are based or refute the claims of the other party.

Before making a judgment, if the parties fail to provide evidence or the evidence is insufficient to prove their claims, the parties with the burden of proof shall bear the adverse consequences.

Article 91 The people's court shall determine the burden of proof according to the following principles, except as otherwise provided by law:

(1) The party claiming the existence of a legal relationship shall bear the burden of proof for the basic facts that produce the legal relationship;

(2) The party who claims that the legal relationship has been changed or eliminated or the rights have been damaged shall bear the burden of proof for the basic facts that the legal relationship has been changed or eliminated or the rights have been damaged.

Interpretation content of evidence rules in civil procedure law

Article 92 If one party explicitly admits the unfavorable facts in the court hearing or in written materials such as the complaint, defense and proxy statement, the other party does not need to provide evidence.

The provisions of the preceding paragraph on admission shall not apply to facts involving identity relations, national interests, social public interests and so on that should be investigated by the people's court ex officio.

If the admitted facts are inconsistent with the ascertained facts, the people's court shall not confirm them.

Article 93 The parties need not provide evidence to prove the following facts:

(1) Natural laws, theorems and laws;

(2) Well-known facts;

(3) Facts presumed according to law;

(4) another fact inferred from the known facts and the laws of daily life experience;

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

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

(7) Facts proved by valid notarial documents.

The facts listed in items (2) to (4) of the preceding paragraph, unless the parties have enough evidence to refute them; The facts listed in items 5 to 7, unless the parties have evidence to the contrary to refute.

Article 94 The evidence stipulated in the second paragraph of Article 64 of the Civil Procedure Law that the parties and their agents ad litem cannot collect by themselves due to objective reasons includes:

(a) the evidence is kept by the relevant state departments, and the parties and their agents ad litem have no right to consult or obtain it;

(two) involving state secrets, commercial secrets or personal privacy;

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

Evidence that the parties and their agents ad litem cannot collect by themselves due to objective reasons may apply in writing to the people's court for investigation and collection before the expiration of the time limit for adducing evidence.

Article 95 The people's court shall not accept the evidence that the parties apply for investigation and collection, which has nothing to do with the facts to be proved, has no probative significance to the facts to be proved, or does not need investigation and collection.

Article 96 The evidence that the people's court considers necessary to hear a case as stipulated in the second paragraph of Article 64 of the Civil Procedure Law includes:

Involving the possible damage to national interests and social public interests;

(two) involving identity relations;

(3) Litigation involving the provisions of Article 55 of the Civil Procedure Law;

(four) the parties have the possibility of malicious collusion to harm the legitimate rights and interests of others;

(5) procedural matters such as adding parties ex officio, suspending litigation, terminating litigation, and withdrawing litigation.

In addition to the provisions of the preceding paragraph, the people's court shall investigate and collect evidence according to the application of the parties.

Article 97 A people's court shall investigate and collect evidence by two or more persons. The investigation materials shall be signed, sealed or sealed by the investigators, the respondents and the recorder.

Article 98 Where a party applies for evidence preservation in accordance with the provisions of Article 81, paragraph 1, of the Civil Procedure Law, it may submit it in writing before the expiration of the time limit for adducing evidence.

If the preservation of evidence may cause losses to others, the people's court shall order the applicant to provide corresponding guarantees.

Article 99 The people's court shall determine the time limit for the parties to give evidence in the preparatory stage before the court session. The time limit for adducing evidence may be negotiated by the parties and approved by the people's court.

The people's court shall set a time limit for presenting evidence. The time limit for presenting evidence in ordinary procedural cases of first instance shall not be less than 15 days, and the time limit for providing new evidence in cases of second instance shall not be less than 10 days.

After the expiration of the time limit for adducing evidence, if a party applies for refuting the evidence already provided or correcting the defects in the source and form of the evidence, the people's court may, at its discretion, re-determine the time limit for adducing evidence, without being restricted by the provisions of the preceding paragraph.

Article 100 Where a party applies for extending the time limit for adducing evidence, it shall submit a written application to the people's court before the time limit for adducing evidence expires.

If the reasons for the application are established, the people's court shall allow and appropriately extend the time limit for adducing evidence, and notify other parties. The extended time limit for adducing evidence applies to other parties.

If the reasons for the application are not established, the people's court shall not grant it and notify the applicant.

Article 101 If a party fails to provide evidence within the time limit, the people's court shall order him to explain the reasons and may require him to provide corresponding evidence when necessary.

If one party fails to provide evidence due to objective reasons, or the other party does not raise any objection to the overdue provision of evidence, it shall be deemed as not overdue.

Article 102 If a party fails to provide evidence due to intentional or gross negligence, the people's court shall not accept it. However, if the evidence is related to the basic facts of the case, the people's court shall adopt it and admonish it and impose a fine in accordance with the provisions of Article 65 and Article 115, paragraph 1 of the Civil Procedure Law.

If the evidence provided by the parties within the time limit is not intentional or grossly negligent, the people's court shall adopt it and admonish the parties.

If one party requests the other party to compensate for the additional necessary expenses such as transportation, accommodation, catering, lost work, witness appearing in court, the people's court may support it.

Article 103 Evidence shall be presented in court and cross-examined by the parties. Evidence that has not been cross-examined by the parties concerned shall not be used as the basis for determining the facts of the case.

Evidence recognized by the parties in the pre-trial preparation stage shall be regarded as cross-examination evidence after being explained by the judges in the trial.

Evidence involving state secrets, commercial secrets, personal privacy or laws that should be kept confidential shall not be publicly cross-examined.

Article 104 The people's court shall organize the parties to cross-examine the authenticity and legality of the evidence and its relevance to the facts to be proved, and explain and debate whether the evidence has probative force.

Evidence that can reflect the true situation of the case, is related to the facts to be proved, and its source and form conform to the law shall be used as the basis for determining the facts of the case.

Article 105 The people's court shall, in accordance with legal procedures, comprehensively and objectively examine the evidence, judge whether the evidence has probative force and its size by using the rules of logical reasoning and daily life experience, and make public the reasons and results of the judgment.

Article 106 Evidence formed or obtained by methods that seriously infringe upon the legitimate rights and interests of others, violate the prohibitive provisions of laws or seriously violate public order and good customs shall not be used as the basis for ascertaining the facts of a case.

Article 107 In a lawsuit, the fact that the parties have reached a mediation agreement or a settlement agreement shall not be used as a basis against them in subsequent lawsuits, except as otherwise provided by law or agreed by the parties.

Article 108 If the people's court examines the evidence provided by the party with the burden of proof and, in combination with the relevant facts, is convinced that there is a great possibility of the fact to be proved, it shall consider that the fact exists.

After examining the evidence provided by the party with the burden of proof to refute the facts claimed by it, and considering the relevant facts, the people's court considers that the truth of the facts to be proved is unknown, it shall consider that the facts do not exist.

Where the law has other provisions on the standard of proof that should be achieved in proving facts, such provisions shall prevail.

Article 109 If the parties prove the fact of fraud, coercion or malicious collusion, or prove the fact of oral will or gift, the people's court shall consider the fact to exist if it is convinced that the possibility of the fact to be proved can eliminate reasonable doubt.

Article 110 When the people's court deems it necessary, it may require the parties to appear in court to inquire about the relevant facts of the case. Before questioning the parties, they may need to sign a letter of guarantee.

The letter of guarantee shall contain true statements, willingness to accept punishment if there are false statements, etc. The parties shall sign or seal the letter of guarantee.

If the party who bears the burden of proof refuses to appear in court, refuse to be questioned or refuse to sign a letter of guarantee, and the facts to be proved lack other evidence, the people's court will not recognize the facts it claims.

Article 111 It is indeed difficult to submit the original documentary evidence as stipulated in Article 70 of the Civil Procedure Law, including the following circumstances:

(1) The original documentary evidence is lost or damaged;

(two) the original is in the hands of the other party and refuses to submit it after legal notice;

(three) the original is under the control of others, and they have the right not to submit it;

(four) the original is inconvenient to submit due to space or volume reasons;

(five) the parties who bear the burden of proof can not obtain the original documentary evidence by applying to the people's court for investigation and collection or other means.

Under the circumstances specified in the preceding paragraph, the people's court shall, in combination with other evidence and the specific circumstances of the case, examine and judge whether the copy of documentary evidence can be used as the basis for determining the facts of the case.

Article 112 Where documentary evidence is in the hands of the other party, the party with the burden of proof may apply in writing to the people's court to order the other party to submit it before the expiration of the time limit for proof.

If the reasons for the application are established, the people's court shall order the other party to submit it, and the expenses incurred by submitting documentary evidence shall be borne by the applicant. If the other party refuses to submit it without justifiable reasons, the people's court may determine that the documentary evidence claimed by the applicant is true.

Article 113 If a party who holds documentary evidence destroys relevant documentary evidence or has other acts that hinder the other party from using documentary evidence, the people's court may impose a fine or detain it in accordance with the provisions of Article 111 of the Civil Procedure Law.

Article 114 Matters recorded in documents produced by state organs or other organizations with social management functions according to law within the scope of their functions and powers shall be presumed to be true, unless there is sufficient evidence to prove that they can be overturned. When necessary, the people's court may require the organ or organization that made the document to explain the authenticity of the document.

Article 115th the certification materials submitted by a unit to the people's court shall be signed or sealed by the person in charge of the unit and the person who made the certification materials, and stamped with the seal of the unit. The people's court may investigate and verify the units that issue the certification materials and the personnel who make the certification materials. When necessary, the person who made the certification materials may be required to testify in court.

Where the units and personnel who make the certification materials refuse to be investigated and verified by the people's court, or the personnel who make the certification materials refuse to testify in court without justifiable reasons, the certification materials shall not be used as the basis for determining the facts of the case.

116th audio-visual materials include audio-visual materials and video materials.

Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name.

Audio and video materials stored in electronic media shall comply with the provisions of electronic data.

Article 117 Where a party applies for a witness to testify in court, it shall do so before the expiration of the time limit for adducing evidence.

According to the first paragraph of Article 96 of this Interpretation, the people's court may notify the witness to testify in court ex officio.

Without the notice of the people's court, a witness may not testify in court, except with the consent of both parties and the permission of the people's court.

118th transportation, accommodation, meals and other necessary expenses. The expenses incurred by witnesses in fulfilling their obligation to testify in court as stipulated in Article 74 of the Civil Procedure Law shall be calculated according to the standards of travel expenses and subsidies for staff of government agencies and institutions; The lost time fee is calculated according to the national average daily wage standard of employees in the previous year.

If the people's court allows a witness to testify in court, it shall notify the applicant to pay the witness's testimony fee in advance.

Article 119 Before a witness testifies in court, the people's court shall inform him of the obligation to testify truthfully and the legal consequences of perjury, and order him to sign a letter of guarantee, except for persons with no capacity for civil conduct or persons with limited capacity for civil conduct.

The provisions of this interpretation on the signing of the letter of guarantee by the parties shall apply to the signing of the letter of guarantee by the witnesses.

Article 120 If a witness refuses to sign a letter of guarantee, he shall not testify and bear the relevant expenses.

Article 121 A party may apply for authentication before the time limit for adducing evidence expires. The people's court shall not allow the matters applied for appraisal to have nothing to do with the facts to be proved, or the facts to be proved have no probative significance.

If the people's court allows the parties to apply for expert appraisal, it shall organize the parties to determine the appraisers with corresponding qualifications through consultation. If the parties fail to negotiate, it shall be designated by the people's court.

If the conditions for investigating and collecting evidence according to the functions and powers are met, the people's court shall entrust an expert to conduct appraisal according to the functions and powers, and after soliciting the opinions of the parties, designate an expert with corresponding qualifications to conduct appraisal.

Article 122 A party may, in accordance with the provisions of Article 79 of the Civil Procedure Law, apply for one or two persons with specialized knowledge to appear in court before the expiration of the time limit for adducing evidence, to cross-examine the expert opinions on behalf of the parties, or to express their opinions on the professional issues involved in the facts of the case.

Opinions on professional issues put forward by people with specialized knowledge in court shall be regarded as statements of the parties.

If the people's court allows the parties to apply, the relevant expenses shall be borne by the parties who apply.

Article 123 A people's court may question a person with specialized knowledge who appears in court. With the permission of the court, the parties may ask questions to the persons with special knowledge who appear in court, and the persons with special knowledge who apply by the parties may confront the relevant issues of the case.

People with professional knowledge are not allowed to participate in court proceedings other than professional issues.

Article 124 When the people's court deems it necessary, it may, upon the application of the parties or ex officio, conduct an inquest into the physical evidence or the scene. The privacy and dignity of others should be protected during the inspection.

The people's court may require an expert witness to participate in an inquest. When necessary, an appraiser may be required to make an appraisal during the inquest.

Two, what are the provisions of the judicial interpretation of the civil procedure law?

Article 247 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a party files a lawsuit again in the course of litigation or after the judgment takes effect, and the following conditions are met at the same time, it constitutes repeated prosecution:

1, and the parties in the latter lawsuit are the same as those in the previous lawsuit;

2. The object of the latter lawsuit is the same as that of the former lawsuit;

3. The claim of the latter lawsuit is the same as that of the former lawsuit, or the claim of the latter lawsuit substantially denies the judgment result of the former lawsuit.

If the parties repeatedly sue, the ruling will not be accepted; If it has been accepted, it shall be ruled to dismiss the prosecution, unless otherwise stipulated by laws and judicial interpretations.

Third, how does the judicial interpretation of the Civil Procedure Law stipulate the litigation costs?

The specific criteria for accepting fees are as follows:

(1) Property case

According to the amount or price of the litigation request, it shall be paid in installments according to the following proportions:

1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;

2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;

3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;

4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;

5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;

6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;

7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;

8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;

9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;

10. For the part exceeding 20 million yuan, 0.5% shall be paid.

(2) Non-property cases

The criteria are as follows:

1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.

2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.

3. Pay 50 yuan to 100 yuan for each non-property case of the other party.

(3) Intellectual property civil cases

If there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1000 yuan; The disputed amount or price shall be paid according to the standard of property cases.

(4) Labor dispute cases

Payment per piece 10 yuan.

(5) Administrative cases

Pay according to the following standards:

1. Trademark, patent and maritime administrative cases each 100 yuan;

2. Every 50 yuan in other administrative cases.

(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.