Legal Subjectivity:
1. How the People’s Court investigates and collects evidence in civil litigation 1. When the People’s Court accepts the applicant’s application for investigation and evidence collection, the People’s Court shall investigate and collect evidence. The above-mentioned activities are carried out at the same time. Investigation materials must be signed, stamped or stamped by the investigator, the person under investigation, and the recorder. 2. Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 97 The investigation and collection of evidence by the People's Court shall be conducted jointly by two or more persons. Investigation materials must be signed, stamped or stamped by the investigator, the person under investigation, and the recorder. 2. What conditions need to be met to become evidence in civil cases? Civil litigation evidence refers to various objective facts that can prove the true situation of civil cases and must meet the requirements of objectivity, relevance and legality. 1. Objectivity refers to the fact that evidence must exist objectively, that is, it must be objective. Objectivity means that the civil litigation evidence itself is objective and real, rather than imaginary, fictitious or fabricated. 2. Relevance refers to some internal connection between evidence and the object of proof. 3. Legality means that the evidence must meet the requirements of the law and is not prohibited by law, that is, it is legal. Legality includes the legality of collecting evidence, the legality of the form of evidence and the legality of transforming evidence materials into evidence. The objectivity, relevance and legality of civil litigation evidence are attributes that any piece of civil evidence must possess at the same time, and all three are indispensable. According to the provisions of the "Judicial Interpretation of the Civil Procedure Law", if the People's Court accepts the applicant's application for investigation and evidence collection, the People's Court's investigation and collection of evidence must be conducted jointly by two or more people. Investigation materials must be signed, stamped or stamped by the investigator, the person under investigation, and the recorder. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go online to consult a professional lawyer. Legal objectivity:
1. Paragraph 2 of Article 64 of the Civil Procedure Law: 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 deems necessary to hear the case, the people's court shall The court should investigate and collect. 2. Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (Fashi [2015] No. 5, effective from February 4, 2015) Article 96 of the Civil Procedure Law The evidence stipulated in Paragraph 2 of Article 14 that the people's court considers necessary to hear the case includes: (1) Involving matters that may harm the national interests and the interests of the public; (2) Involving identity relationships; (3) Involving civil procedure law Article 55 stipulates litigation; (4) The parties may collude maliciously to damage the legitimate rights and interests of others; (5) Involving procedural matters such as adding ex officio parties, suspending litigation, terminating litigation, recusal, etc. In addition to the provisions of the preceding paragraph, the People's Court's investigation and collection of evidence shall be conducted in accordance with the application of the parties concerned.