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What are the legal provisions regarding inspection records?

If some of the evidence required in the lawsuit has validity flaws, it will cause obstacles for the judge to judge the facts. However, if at this time the state agency uses its authority to conduct professional inspections at the scene of the crime, An inspection may yield more important evidence and the criminals may be held accountable. So, what are the legal provisions regarding inspection records? 1. What are the legal provisions regarding inspection records? Inspection records can be recorded in writing, or they can take photos, videos, drawings, or make models, etc. Article 80 of my country's "Civil Procedure Law" stipulates that the surveyor shall prepare a written record of the survey situation and results, which shall be signed or sealed by the surveyor, parties and invited participants. Article 139 of the Civil Procedure Law: The parties may present new evidence in court. With the permission of the court, the parties may ask questions to witnesses, appraisers and examiners. If a party requests a re-investigation, appraisal or inspection, the people's court shall decide whether to allow it. The method of obtaining evidence by inspecting the scene and physical evidence and then preparing inspection records has a long history. It is also stipulated in the laws of various countries and is widely used in judicial practice. It should be noted that: first, the content of the transcript must remain objective and true, and the situation at the time of the inspection must be truthfully recorded. It should not be enlarged, reduced, or distorted, and should not be mixed with any subjective speculation and analysis and judgment of the surveyor. Second, the wording in the transcript must be precise and certain, and cannot be ambiguous. Do not use uncertain words such as "probably", "possibly", "higher", "further", etc. Third, the transcript must be made on the spot during the inspection process. It shall be produced to fully reflect the process and results of the inspection and cannot be recalled afterwards. Fourth, in order to reflect the fairness of the inspection record, the inspection shall invite local grassroots organizations or parties and persons outside the case who have an interest in the case to participate in the inspection record and record it in the record. Signature. 2. Provisions on Evidence in the Criminal Procedure Law Article 50 Materials that can be used to prove the facts of the case include: (1) Physical evidence; (2) Documentary evidence; 3) Witness testimony; (4) Victim's statement; (5) Criminal suspect's and defendant's confession and defense; (6) Identification opinion; (7) Records of inquest, inspection, identification, investigation experiment, etc.; (8) Audio-visual materials , electronic data. The evidence must be verified to be true before it can be used as the basis for finalizing the case. Article 51 The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the People's Procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor. Article 52: Judges, prosecutors, and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime in accordance with legal procedures. It is strictly prohibited to use torture, inducement, or No one may be forced to prove his or her guilt through deception or other illegal methods. It is necessary to ensure that all citizens who are related to the case or know the facts of the case are able to provide evidence objectively and fully, and they can be recruited to assist in the investigation except under special circumstances. Article 53 Principles for the use of evidence The public security organ’s application for approval of arrest, the People’s Procuratorate’s indictment, and the People’s Court’s judgment must be faithful to the truth. Article 54 The People’s Court and the People’s Procuratorate shall be held accountable. and public security organs have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals shall truthfully provide evidence such as physical evidence, documentary evidence, audio-visual materials, and electronic data collected by administrative agencies during the process of administrative law enforcement and investigation and handling of cases. It can be used as evidence in criminal proceedings. Evidence involving state secrets, business secrets, and personal privacy must be kept confidential. Anyone who fabricates evidence, conceals evidence, or destroys evidence must be prosecuted by law, no matter where he belongs. The principle of emphasizing evidence, emphasizing investigation and research, and not taking confessions lightly. The sentencing of all cases must emphasize evidence and emphasis on investigation and research, and not taking confessions lightly. If there is only the defendant's confession without other evidence, the defendant cannot be found guilty and sentenced; there is no defendant. If the evidence is reliable and sufficient, the defendant can be found guilty and punished. If the evidence is reliable and sufficient, it must meet the following conditions: (1) The facts for conviction and sentencing are all supported by evidence; (2) The evidence on which the case is based has been verified. Verified by legal procedures; (3) Based on the evidence in the entire case, reasonable doubt has been eliminated for the facts identified. Article 56 Rules for the Exclusion of Illegal Evidence: Confessions of criminal suspects and defendants collected through illegal methods such as torture and confessions, and witness testimonies and victim statements collected through illegal methods such as violence and threats, shall be excluded. If the collection of physical evidence or documentary evidence does not comply with legal procedures and may seriously affect judicial fairness, it shall be supplemented or corrected or a reasonable explanation given; if it cannot be supplemented or corrected or a reasonable explanation given, the evidence shall be excluded. If evidence that should be excluded is discovered during investigation, review for prosecution, or trial, it shall be excluded in accordance with the law and shall not be used as the basis for prosecution opinions, prosecution decisions, and judgments. Article 57 Correction of illegal evidence: If the People's Procuratorate receives a report, complaint, report or discovers that investigators have collected evidence using illegal methods, it shall conduct an investigation and verification. If evidence is indeed collected using illegal methods, corrective suggestions should be made; if a crime is constituted, criminal liability will be pursued in accordance with the law.

Article 58 Investigation into the legality of evidence collection. During the court hearing, if the judge believes that evidence may have been collected by illegal methods as stipulated in Article 56 of this Law, he shall conduct a court investigation into the legality of the evidence collection. The parties and their defenders and litigation agents have the right to apply to the People's Court to exclude evidence collected through illegal methods in accordance with the law. When applying to exclude evidence collected through illegal methods, relevant clues or materials should be provided. Article 59 During the court investigation into the legality of evidence collection, the People's Procuratorate shall prove the legality of evidence collection. If the existing evidence materials cannot prove the legality of the evidence collection, the People's Procuratorate may request the People's Court to notify the relevant investigators or other personnel to appear in court to explain the situation; the People's Court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the People's Court, the relevant persons shall appear in court. Article 60 Handling of Illegal Evidence If, ??after a court trial, it is confirmed or cannot be ruled out that the evidence collected by illegal methods as specified in Article 56 of this Law exists, the relevant evidence shall be excluded. Article 61 Principles of court cross-examination of witness testimony Witness testimony must be cross-examined and verified by the prosecutor, the victim, the defendant, and the defender in court before it can be used as the basis for finalizing the case. When the court finds out that a witness intends to give false testimony or conceal criminal evidence, it shall handle it in accordance with the law. Article 62 Qualifications and Obligations of Witnesses Anyone who knows the circumstances of the case has the obligation to testify. People who are physically or mentally deficient or who are young and unable to distinguish right from wrong or express themselves correctly cannot be witnesses. Article 63 Protection of witnesses and their close relatives The People’s Courts, People’s Procuratorates and public security organs shall ensure the safety of witnesses and their close relatives. Anyone who threatens, insults, beats or retaliates against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law; if the crime is not sufficient for criminal punishment, public security management penalties shall be imposed in accordance with the law. Article 64 Special Protection for Witnesses, Appraisers and Victims In cases of crimes endangering national security, terrorist activities, organized crimes of a mafia nature, drug crimes, etc., witnesses, appraisers, and victims who testify in litigation shall not be protected by themselves or their close relatives. If the personal safety of a person is in danger, the people's courts, people's procuratorates and public security organs shall take one or more of the following protective measures: (1) not to disclose personal information such as real name, address and work unit; (2) take measures not to reveal appearance, Measures such as authentic voices to testify in court; (3) prohibiting specific persons from contacting witnesses, appraisers, victims and their close relatives; (4) taking special protective measures for the person and residence; (5) other necessary protective measures. Witnesses, appraisers, or victims who believe that their personal safety or that of their close relatives is in danger due to testifying in litigation may request protection from the People's Court, People's Procuratorate, or Public Security Bureau. The people's courts, people's procuratorates, and public security organs take protective measures in accordance with the law, and relevant units and individuals should cooperate. Article 65 Witnesses shall be subsidized for transportation, accommodation, meals and other expenses incurred in fulfilling their obligation to testify. Subsidies for witnesses to testify are included in the business funds of judicial organs and are guaranteed by the finance of the government at the same level. If a witness from the workplace testifies, the employer shall not deduct wages, bonuses or other welfare benefits or deduct them in disguised form. For those cases that are difficult to reconstruct through existing evidence, it is necessary for professional organizations to conduct on-site inspections and restore the most realistic scenes by recording relevant situations. This will help the judge make the best decision on the lawsuit after obtaining a neutral and objective judgment. A fair and reasonable verdict.