I scope of application of the instrument
The market supervision and management department may use this instrument when handling administrative punishment cases and collecting and collecting evidence. When the evidence material cannot be pasted, the document shall not be used.
Second, the use of documents matters needing attention
1. The collected and retrieved evidence can be attached, and the joint between this document and the evidence needs to be signed, sealed or confirmed by other means.
2. Documentary evidence and material evidence collected and retrieved shall be original and original. If it is difficult to retrieve the original and the original, copies, photocopies or transcripts can be extracted, and photos or videos reflecting the appearance or content of the original and the original can also be taken or made.
3 copies, photocopies, transcripts, photos and videos shall be checked by the evidence provider and marked as consistent with the original and the original. If the parties provide evidence but refuse to confirm it, they shall explain the reasons, and audio and video recording may be adopted if conditions permit; A copy of the fax should be made, and the fax time and number should be kept.
4. The audio-visual materials collected and retrieved shall be the original carriers of relevant materials. If the original carrier of audio-visual materials is difficult to retrieve, copies can be extracted, and the production method, production time and producer can be indicated. Audio data should be accompanied by a written record of audio content.
5. The collected and retrieved electronic data should be the original carrier of relevant data. If it is difficult to collect the original carrier of electronic data, evidence can be obtained by copying, entrusting analysis, stapling, taking photos and videos. If the evidence is obtained by fixing books or taking photos, this document can be applied, and the production method, production time and producer are indicated in the remarks column.
6. Evidence obtained from outside People's Republic of China (PRC) shall state its source, be authenticated by the notary office of the host country, be authenticated by People's Republic of China (PRC) and its embassy or consulate in that country, or go through the authentication procedures stipulated in the relevant treaties concluded between People's Republic of China (PRC) and the country where the evidence is located.
Evidence obtained in People's Republic of China (PRC) Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province shall be authenticated in accordance with relevant regulations.
Foreign documentary evidence, foreign audio-visual materials and other evidence shall be accompanied by a Chinese translation or other accurate translation by a qualified translation institution, and shall be sealed by the translation institution or signed by the translator.
7. The pasted evidence shall be confirmed by the provider's signature, seal or other means.
If there are witnesses in the process of obtaining evidence, the witnesses can sign their opinions on the process of obtaining evidence in the remarks column, and sign or confirm them in other ways.