Objectivity, relevance and legality of evidence

The legality of evidence, also known as the legality of evidence, specifically refers to the behavior of judges, prosecutors, scouts and parties to collect, fix, preserve and examine evidence according to legal procedures, thus having legitimacy. The legality of evidence includes: 1, the subject is legal, and the subject of evidence is legal. The subject of evidence refers to the individual or unit that constitutes the content of evidence. The subject of evidence is legal, which means that the subject of evidence must meet the requirements of the law. The illegality of the subject will also lead to the illegality of the evidence. The requirement of the law on the subject of evidence is also to ensure the authenticity of the evidence. Therefore, according to the characteristics of evidence, the law sets corresponding requirements for the subject of some evidence. For example, people who can't express their will correctly can't be witnesses, and the subject who makes the appraisal conclusion must have relevant appraisal qualifications and so on. 2. The form of legal evidence is legal. The legitimacy of the form of evidence means that as evidence, not only the content is true, but also the form meets the requirements of the law. For example, the certification documents submitted by the unit to the court must be signed or sealed by the person in charge of the unit and stamped with the seal of the unit; Guarantee contract, mortgage contract, etc. It needs to be proved by written contract text. 3. The method of obtaining evidence is legal. Whether the evidence materials collected by the parties can be used as evidence for the court to determine the facts of the case depends on whether the acquisition method of the evidence materials conforms to the legal provisions. The law stipulates that the method of obtaining evidence must be legal, so as to protect the legitimate rights of others from being violated by illegal evidence collection. For example, when using audio-visual materials to prove the facts of a case, it is required that the acquisition of audio-visual materials shall not infringe upon the legitimate rights of others, such as the privacy rights of others. The common way of obtaining evidence that easily infringes on others' privacy is the so-called sneak shot. For another example, the court investigation and evidence collection shall be conducted by two or more persons at the same time, and shall not be independently investigated by a judge or clerk, and the judge who should be recused shall not conduct evidence investigation. 4. Procedural legal evidence materials must go through certain litigation procedures before they can finally be used as evidence. Without the procedures prescribed by law, the evidence still cannot be used as the basis for finalizing the case. This procedure is the cross-examination procedure of evidence. "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (hereinafter referred to as "Evidence Provisions") stipulates that evidence should be presented in court and cross-examined by the parties. Evidence without cross-examination cannot be used as the basis for determining the facts of the case. The evidence recognized and recorded by the parties in the process of evidence exchange can be directly used as the basis for determining the facts of the case without cross-examination after being explained by the judge in the trial. To sum up, the legal characteristics of evidence are not the characteristics of evidence itself, but the external characteristics given to evidence by law to meet the needs of a certain value concept. It is generally believed that the legitimacy of evidence means that the form and source of evidence comply with the law. The legality of evidence is related to whether it is adopted by law. The legality of the evidence will be the basis for the trial of the case, and the illegality of the evidence will be ruled out.

Legal objectivity:

1. What do you mean by the legality of the evidence? Legitimacy is one of the basic characteristics of valid evidence. For the discussion of other characteristics of evidence, please refer to the relevant content in the section of Criminal Procedure Law. The legitimacy of civil evidence means that in civil litigation, the evidence that determines the facts of a case must meet the conditions prescribed by law and not be prohibited by law, otherwise it will have no evidence effect. The requirement for the legality of evidence aims at ensuring the authenticity of evidence and safeguarding the legitimate rights and interests of others or other organizations, which embodies people's dual requirements for procedural justice and substantive justice. Second, what does the legality of the evidence include? 1. Legality of evidence-legality of subject: legality of subject of evidence. The subject of evidence refers to the individual or unit that constitutes the content of evidence. The subject of evidence is legal, which means that the subject of evidence must meet the requirements of the law. The illegality of the subject will also lead to the illegality of the evidence. The requirement of the law on the subject of evidence is also to ensure the authenticity of the evidence. Therefore, according to the characteristics of evidence, the law sets corresponding requirements for the subject of some evidence. 2. Legality of evidence-Formal legitimacy: Formal legitimacy. The legitimacy of the form of evidence means that as evidence, not only the content is true, but also the form meets the requirements of the law. For example, the certification documents submitted by the unit to the court must be signed or sealed by the person in charge of the unit and stamped with the seal of the unit; Guarantee contract, mortgage contract, etc. It needs to be proved by written contract text. 3. Legality of evidence-legitimacy of acquisition: legitimacy of evidence acquisition. Whether the evidence materials collected by the parties can be used as evidence for the court to determine the facts of the case depends on whether the acquisition method of the evidence materials conforms to the legal provisions. The law stipulates that the method of obtaining evidence must be legal, so as to protect the legitimate rights of others from being violated by illegal evidence collection. 4. Legality of evidence-legality of procedure: legality of evidence procedure. Evidence materials will eventually go through certain litigation procedures. Without the procedures prescribed by law, the evidence still cannot be used as the basis for finalizing the case. This procedure is the cross-examination procedure of evidence. "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (hereinafter referred to as "Evidence Provisions") stipulates that evidence should be presented in court and cross-examined by the parties. Evidence without cross-examination cannot be used as the basis for determining the facts of the case. The evidence recognized and recorded by the parties in the process of evidence exchange can be directly used as the basis for determining the facts of the case without cross-examination after being explained by the judge in the trial. The legitimacy of evidence can be said to be the key to its adoption. After all, illegally obtained evidence infringes on certain legal interests, so courts usually don't accept it. Therefore, when collecting evidence, the parties must ensure that the evidence is legally obtained.