What is the essential attribute of evidence?

Objectivity is the essential attribute of evidence, which means that the evidence facts must be left behind with the occurrence and development of the case, regardless of people's subjective will. Includes the following three meanings:

1, the evidence is an objective fact, not a theory, doctrine or opinion. Taking the witness's testimony as an example, what can become evidence content can only be the relevant facts and circumstances of the case that he heard or heard from others, rather than his analysis and inference of the facts of the case.

2. Evidence is all kinds of articles, material traces and reflection phenomena that appear with the occurrence of a case. This means: first, the evidence is not produced out of thin air, not fabricated by people at will, but comes from the mother of the case; Second, whether it can be used as evidence depends on the situation at the time of the case, rather than the artificial change after the case. For example, in a case of violation of discipline, if there is sufficient evidence to prove that the perpetrator has violated discipline, before closing the case, due to various abnormal reasons, the whistleblower said that the report was not a fact, but proved that there was no violation of discipline, then stating this evidence after the whistleblower essentially lost the objectivity of the evidence, and the case can be considered as the fact of violation of discipline of the perpetrator.

3. Evidence is an objective reality that exists independently of people's subjective will. Investigators can't substitute their own imagination and speculation for evidence. Investigators shall not arbitrarily change or replace the evidence materials collected.

Besides objectivity, evidence has two attributes: relevance and legitimacy.

Correlation of evidence

The relevance of evidence, also known as relevance, means that any evidence must be objectively related to the case and have the actual proof of the case.

It is not enough that the evidence is objective, but it must also be relevant. Not all the objective facts compiled by institutions can become evidence. Although some facts are objective and true in themselves, they are ultimately unable to obtain evidence qualification because they have nothing to do with the case.

Emphasizing the relevance of evidence in the investigation of institutional disciplinary cases requires that two situations should be excluded from the evidence system in the actual process of handling cases: first, similar behaviors, that is, similar behaviors carried out by institutional disciplinary suspects on other occasions, should not be used as evidence to prove the violation of this case; The second is the fact of conduct, that is, the fact that proves whether the suspect or whistleblower is in good conduct. This kind of evidence cannot be used as evidence, because the conduct of the actors is not an essential element of organizational violation, and their evil or good has no influence on the determination of the facts of the case, so there is no connection between them.

Legitimacy of evidence

The legality of evidence means that any evidence must be collected and verified by the investigators of the establishment management organ and the supervisory organ (hereinafter referred to as "investigators") in accordance with the prescribed procedures.

Evidence must be objective facts, and it must be objective facts related to the facts of the case. However, not all objective facts related to the facts of the case can be used as evidence. Evidence must be facts that have been incorporated into the organization through regulations. Otherwise, it has no probative effect and cannot be used as the basis for finalizing the case. Specifically, the legality of evidence includes the following meanings:

1. Evidence must be collected and identified in accordance with relevant procedures and methods. Evidence collected by illegal means cannot be used as the basis for finalizing the case. For example, evidence collected by threats, deception, seduction and other illegal means cannot be used as evidence.

2. Evidence must be collected or provided by investigators. For example, the inspection of transcripts must be conducted by designated investigators and other legal personnel. If the inspection records are made by non-investigators or non-statutory personnel, they have no effect.

3. The evidence must be legal. For example, the testimony provided by a natural person who knows the facts of the case cannot be used as witness testimony, otherwise it cannot be used as evidence.

Whether evidence can objectively reflect the facts of a case depends on whether it has three elements of evidence: objectivity, relevance and legitimacy. This is the qualitative stipulation that evidence is different from other things. It is the key to ensure the quality of handling a case to confirm whether a certain evidence fact is credible and available and whether it can be used as the basis for deciding a case depends on whether it has three elements at the same time.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 66 Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 67 The parties have the responsibility to provide evidence of their own claims.

The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.

The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.