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Judicial Definition of Transmitted Evidence

Article 40, paragraph 3, of the 1994 Supreme People's Court's "Specific Provisions on the Procedure for Trial of Criminal Cases" stipulates: "Copies and copies of documentary evidence, photos and videos of physical evidence, shall be compared with the originals and When the object is verified to be correct, it has the same probative force as the original document and object." Later, the Supreme People's Court also stipulated in Article 53 of the 1998 "Interpretation of Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China". : "The documentary evidence collected and retrieved should be the original. Only when it is difficult to obtain the original, it can be a duplicate or a copy. The physical evidence collected and retrieved should be the original. Only if the original is inconvenient to transport, difficult to preserve, or Photos and videos that reflect the appearance or content of the original items can only be taken when they are required to be returned to the victim according to law. Photos and videos of physical evidence can only be taken if they are verified to be correct with the originals or items or authenticated through appraisal. When making copies or copies of documentary evidence, taking photos or videos of physical evidence, or recording relevant evidence, there must be no less than two persons providing copies or copies of the evidence. Documents, photographs, and audio-visual products shall be accompanied by written descriptions of the production process and instructions on where the originals and originals are stored, and shall be signed or stamped by the producer.

Article 2 of the "People's Procuratorate's Criminal Procedure Rules". Article 188 stipulates: “When obtaining documentary evidence and audio-visual materials, the original copies shall be obtained. If it is really difficult to obtain the original document or the original document cannot be obtained due to confidentiality requirements, a duplicate or duplicate copy may be obtained. When obtaining physical evidence, the original objects must be obtained. If the original object is inconvenient to transport or preserve, or should be returned to the victim according to law, or the original object cannot be retrieved due to confidentiality requirements, the original object may be photographed or videotaped. Photographing or videotaping the original object should be sufficient to reflect the appearance and content of the original object. When retrieving copies or copies of documentary evidence, audio-visual materials, and photographs or videos of physical evidence, the reason why the original documents or objects cannot be retrieved, the production process, and the storage location of the original documents or objects shall be accompanied by instructions from the production staff and The signature or seal of the holder of the original documentary certificate, audio-visual material, or physical evidence. "This is the provision regarding original evidence and transmitted evidence in Chinese criminal proceedings.

China's civil procedure law and judicial practice emphasize that it is based on facts and seeks to ascertain the objective truth of the case realistically, so it is not uniform. The probative role of hearsay evidence (including hearsay evidence) is excluded. As long as the hearsay evidence (including hearsay evidence) is related to a certain fact to be proved in the case, it can be used to prove the case after being analyzed and verified to be true when combined with other evidence materials. Facts. Practice has proved that the more times the transmitted evidence is transcribed, copied, and copied, the greater the possibility of errors. However, this does not negate its role in discovering and collecting original evidence, and in verifying it. Verifying the authenticity of original evidence plays an important role; when it is impossible to obtain original evidence, the transmitted evidence that has been verified to be true can also be used as a basis for determining the facts of the case.