According to the expression forms of civil litigation evidence stipulated in the Civil Procedure Law, the expression forms of civil litigation evidence in China can be divided into eight types: documentary evidence, physical evidence, audio-visual materials, witness testimony, statements by parties, electronic data, expert conclusion and inspection record.

Legal basis:

There are several types of evidence in civil litigation.

Two. Audio-visual materials of civil litigation evidence

Audio-visual materials refer to a kind of evidence to prove the facts of a case by using audio and video recordings, information and data stored in electronic computers, etc. It includes video tapes, audio recordings, fax materials, films, microfilms, telephone recordings, radar scanning materials and computer-stored data and materials. Generally speaking, foreign civil procedure law does not regard audio-visual materials as an independent type of evidence, but only divides them into documentary evidence and physical evidence. In view of its independent characteristics, China's civil procedure law lists it as an independent type of evidence and applies it.

Audio-visual materials reproduce the facts of the case through images and sounds. And they are characterized by vivid images, easy use and easy preservation. Specifically, first of all, audio-visual materials have strong vividness and authenticity. Audio-visual materials are the original materials about cases recorded by modern scientific and technological means, and the voices, images and data of the parties can be reproduced through the playback of the materials. Like physical evidence, it is not influenced by subjective factors, so it can objectively reflect the facts of the case. Secondly, audio-visual materials also have the advantages of small size and light weight, which is convenient for storage and use. With the development of science and technology, tape recorders, video recorders, computers and fax machines are becoming more and more popular. In people's daily life, the sources and applications of audio-visual materials have become more extensive. As a kind of evidence, it can be used not only in civil litigation, but also in arbitration activities and non-litigation cases. And it is becoming more and more popular, which provides more convenience for the trial activities of the people's courts and the litigation activities of the parties and other litigation participants.

Although audio-visual materials are vivid and easy to use and save, they can not be used as absolutely reliable evidence because they can be forged and transformed by splicing. Therefore, audio-visual materials need comprehensive review and analysis. According to Article 22 of the Evidence Regulations: "When investigating and collecting audio-visual materials such as computer data or audio and video recordings, investigators shall require the respondents to provide the original carriers of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the investigator shall explain its source and production process in the investigation record. " When examining audio-visual materials, the people's court shall find out the source, time and place of recording, content and purpose of recording, personnel involved in recording, whether the recorded images and sounds are true, and the custody and preservation of audio-visual materials. Any audio-visual materials that have been eavesdropped, secretly recorded, edited, tampered with or distorted in content cannot be used as evidence in litigation.

Audio-visual materials are a new kind of evidence in China's litigation evidence, which is of great value to the people's court in ascertaining the case, improving the quality of trial and correctly handling civil disputes. There is no unified opinion and understanding on how to classify audio-visual materials into this new type of evidence. However, it is generally believed that audio-visual materials should include audio-visual materials, computer storage materials and TV monitoring materials.

Audio-visual materials refer to a kind of evidence that uses modern scientific and technological means to truthfully record sounds and images and prove the facts of the case through the playback of the records; Computer-stored data refers to the evidence that proves the facts of a case through the data and information stored in the computer; Television monitoring data refers to the images and sounds obtained by means of television monitoring for specific people or things as evidence to prove the facts of the case.

A judicial interpretation issued by the Supreme People's Court shows that information formed or stored in electronic media, such as online chat records, blogs, Weibo, mobile phone messages, electronic signatures and domain names, can be used as evidence in civil cases.

The difference between audio-visual materials and documentary evidence and physical evidence lies in:

(1) audio-visual materials and documentary evidence.

There are similarities and differences between audio-visual materials and documentary evidence. The similarity is that they all use certain ideological content to prove the facts of the case. The difference is that, first of all, documentary evidence is the content of thoughts or actions recorded in written form to prove the facts of the case. Audio-visual materials mainly use audio, images and data to reflect the content of the case. However, it cannot be denied that audio-visual materials also reflect people's thoughts in the form of words, but they are by no means simply using words and symbols to prove the facts of the case; Secondly, documentary evidence proves the facts of the case in a static way, while audio-visual materials can prove the facts of the case in a dynamic way, which is vivid and lifelike, and documentary evidence is unparalleled.

(2) Audio-visual materials and material evidence

The characteristics other than physical evidence prove the facts of the case, and audio-visual materials play a role in proving the contents of the materials. Although both can prove the truth of the case, as independent evidence, there are obvious differences between them. Physical evidence proves the facts of the case with its own external form, quality, specifications and characteristics; Audio-visual materials can also reflect the external shape, specifications, quality and characteristics of objects, but they are all reproduced by scientific and technological means.