Traditional Culture Encyclopedia - Traditional festivals - Briefly describe the basic characteristics of evidence

Briefly describe the basic characteristics of evidence

1, the authenticity of the evidence refers to the evidence as the objective remains of the facts of the case has occurred, is not to people's subjective will for the transfer of the guest existing, the authenticity of the evidence is also called the objectivity of the evidence or indeed. The authenticity of the evidence means that the evidence should be reflected in the content of the real, objective existence.

2, evidence of relevance refers to the evidence must be linked to the facts of the case and the characteristics of each other. Evidence must indicate the facts of the case to be proved. Things that have no connection with the case, even if it is objective and real existence, can not be used as evidence.

3, the legitimacy of evidence, refers to the form of evidence, the method of collection to comply with the requirements of the law, the evidence material into evidence must be transformed into evidence through the procedures prescribed by law. The legitimacy of evidence, including the subject of evidence is legal, the form of evidence is legal, the way to obtain evidence is legal, the procedure of evidence is legal.

Evidence is the basis for determining the facts of the case in accordance with the rules of litigation. Evidence for the parties to litigation activities, safeguard their legitimate rights and interests, the court to identify the facts of the case, according to the correct decision are of great significance. Evidence is the core of the litigation, in the trial of any case, the evidence and evidence formed by the chain of evidence to restore the original face of the event, based on sufficient evidence to make the decision may be a fair decision.

Evidence should be objective, forgery or destruction of evidence is a violation of the law, should be prosecuted.

The study of the evidence system in the academic world has formed a specialized subject called evidence or evidence jurisprudence.

Legal Basis

The Criminal Procedure Law

Article 50 Materials that can be used to prove the facts of a case are evidence. Evidence includes:

(1) physical evidence;

(2) documentary evidence;

(3) witness testimony;

(4) statements of victims;

(5) confessions and defenses of suspects and defendants;

(6) opinions of appraisals;

(7) transcripts of investigations, inspections, identifications, and experiments of investigations;

(7) transcripts of examinations, inspections, and investigative experiments;

(8) statements of the police; and

(9) statements of the police. /p>

(viii) audio-visual materials, electronic data. Evidence must be verified as true before it can be used as the basis for a case.