What are the types of evidence in China law?

First, the classification of civil evidence:

1, proof and disproof

This kind of proof and disproof is divided according to the claim that a certain fact exists or the denial that the other party claims that the fact exists. This kind of proof means that one party claims a certain fact and produces evidence that can prove the existence of the fact. Corresponding to this is the disproof.

In order to deny or overturn the evidence presented by one party who advocates the fact, the other party presents the opposite factual evidence to prove that the fact does not exist, which is called disproof.

2. Direct evidence and indirect evidence

According to the relationship between civil litigation evidence and the object of proof, it can be divided into direct evidence and indirect evidence.

The so-called direct evidence is the evidence that can directly prove the object of proof. For example, a marriage certificate can directly prove the relationship between husband and wife; The real estate license can directly determine the ownership of the house; IOUs can prove the loan relationship between the two parties and so on.

The so-called indirect evidence refers to evidence that can not directly prove the facts of the case, but can be linked with other evidence to prove and identify the facts of the case.

Direct evidence and indirect evidence are also relative, based on the same proof object. The standard of distinguishing direct evidence from indirect evidence should be determined by whether the key facts of the case can be directly proved.

Generally speaking, what can directly prove the key facts of a case is direct evidence, otherwise it is indirect evidence. In judicial practice, due to the diversity of cases, some evidence between the two can be regarded as indirect evidence, so direct evidence and indirect evidence are not absolute.

Indirect evidence plays a very important role in civil litigation. First of all, indirect evidence can be used as a guide to investigate and study the whole case. Secondly, indirect evidence can identify the authenticity of direct evidence.

Third, the probative effect of several indirect evidences can be equal to or even more than that of one direct evidence. Indirect evidence is a powerful assistant and reliable evidence of direct evidence when proving the facts of a case.

3. Original evidence and derivative evidence (evidence)

In civil litigation, original evidence and derivative evidence are distinguished according to the source of evidence. The so-called original evidence is the evidence directly derived from the objective facts of the case, which is what people usually call "first-hand materials".

The so-called derivative evidence is the evidence derived from the original evidence, which is what people usually call "second-hand materials". Such as testimony made by witnesses according to the facts of the case told by others, photos and photocopies of physical evidence, transcripts and photocopies of documentary evidence, etc.

Although the original evidence is more reliable, it is conditional, not absolute. Because the original evidence also has a question of authenticity.

Derived evidence is not as reliable as the original evidence, but it is indispensable for handling civil cases. If the original evidence is not collected, it can be traced back to the original evidence, and the reliability of the original evidence can be tested and confirmed by deriving evidence.

In the case that the original evidence has been destroyed or cannot be directly used, it is also in compliance with the law to use its copies, copies, excerpts or photos and other derivative evidence.

Two. Types of evidence in administrative litigation:

1, documentary evidence. Refers to the documents recorded or expressed by words and symbols to prove the facts to be proved; Such as certificates, letters, fines, etc.

2. Physical evidence. Refers to an article that explains part or all of the facts to be proved through its shape, characteristics and quality. Such as drugs that do not meet the national quality standards.

3. Audio-visual materials. Refers to the factual materials related to the case recorded by means of audio and video recording. Such as audio and language recorded by tape recorders; People and their activities recorded by video recorders; Data stored by electronic computer, etc. Audio-visual materials may be provided by the parties concerned, and the people's court may also take the initiative to request or copy them from relevant units and individuals.

4. Eyewitness testimony. Refers to the witness's oral or written statement about the facts of the case to the people's court. All citizens and organizations have the obligation to testify, except those who are mentally or physically defective and can't express their will correctly and the litigation agent of the case can't be the witnesses of the case.

Witnesses should generally appear in court in person. If he cannot appear in court under special circumstances, he may testify in the form of written testimony with the permission of the people's court.

5. Statements of the parties. Refers to the description of the facts of the case and the circumstances that prove these facts put forward by the direct interested party to the people's court.

Because administrative disputes are disputes between the parties, they know the facts of the disputes best. The statement of the parties is an important clue to find out the facts of the case and should be taken seriously.

However, because administrative disputes directly involve the interests of both parties, the people's court should treat the statements of the parties objectively and pay attention to whether there are one-sided and false parts. Only by combining the statements of the parties with other evidence in this case, comprehensive research and review can we determine whether it can be used as the basis for ascertaining the facts.

6. Appraisal conclusion. It refers to the conclusion made by the specialized agency designated by the people's court on the technical appraisal of the specialized problems arising in administrative cases. Because administrative cases involve many professional and technical management fields, expert conclusions are widely used as evidence in administrative litigation. Such as the drug quality inspection certificate of the health supervision institution.

7. Inspection records and site records. The record of inquest refers to the record that can prove the facts of the case or the material evidence that cannot or cannot be obtained from the people's court after the analysis, inquest and exploration of the scene by the people's court.

It is a written reflection of objective things and a form of evidence to preserve original evidence. Records of inquests are often used in administrative disputes involving real estate, land, mountains and forests, environmental protection management, etc.

On-the-spot record refers to the record made by the staff of administrative organs on the spot when they implement administrative punishment or other handling decisions.

What are the classifications of China PUFA network civil litigation evidence?

Types of evidence in PUFA administrative litigation in China. com