Legitimacy includes three aspects: the legitimacy of collecting evidence; The legality of the form of evidence; Legality of transforming evidential materials into evidence. Evidence materials must go through the procedures prescribed by law before they can become evidence. Objectivity, relevance and legality of evidence in civil and land litigation are the attributes that any civil evidence must have at the same time, and all three are indispensable. However, objectivity, relevance and legitimacy can never be equated. Objectivity is the prerequisite attribute of civil litigation evidence. Without objectivity, there is no relevance and legitimacy. Only objective evidence materials are relevant. Only objectively relevant evidence materials have legitimacy. In a sense, legitimacy is the most important. Generally speaking, if a piece of evidence is objective and relevant at the same time, but not legal, it cannot be evidence in civil proceedings. For example, Article 80 of the Civil Procedure Law stipulates: "The inspector shall record the information and results of the inspection in a record, which shall be signed or sealed by the inspector, the parties concerned and the invited participants." That is to say, if the inquest is objective and related to the case, but it does not meet the requirements of legality, that is, the inquirer or the party concerned has not signed or sealed the record, it still cannot be used as evidence in civil proceedings. II. Types of Evidence in Civil Litigation Article 63 of the newly revised Civil Procedure Law stipulates that the types of evidence in civil litigation will be increased from seven to eight: 1, statements by the parties. The statement of the parties refers to the statement made by the parties to the court on the facts related to the case in the lawsuit. The statements of the parties can be divided into oral statements and written statements, and can also be divided into statements of the facts of the case and self-admission of the parties. As the first kind of evidence, the parties' statement is a characteristic in the classification of civil litigation evidence in China. The parties are the main body of the legal relationship in civil litigation. Because it has a direct interest in the outcome of the lawsuit, the statements of the parties are true and false. Therefore, when using this evidence, the judge should pay attention to prevent false evidence as the basis for determining the facts of the case, and review and verify the statements of the parties in combination with other evidence in this case to determine the basis for determining the facts of the case. Only the statements of the parties, which are not confirmed by other evidence, cannot be used as the basis for determining the facts of the case. 2. Written evidence. It refers to the evidence to prove the truth of early lead poisoning cases with the contents recorded by words, symbols, graphics and other concepts. This kind of article is called documentary evidence, not only because it appears in written form, but more importantly, what it records or expresses can prove the facts of the case. Judging from the judicial practice, there are various forms of documentary evidence, such as documentary evidence, confirmation and engraving. From the carrier of documentary evidence, there are paper, bamboo, cloth and stone. In terms of specific forms of expression, there are common contracts, bills, bills, trademark patterns and so on. Therefore, the main forms of documentary evidence are various written documents, but sometimes it is also various items. Documentary evidence is a kind of evidence widely used in civil litigation and plays a very important role in civil litigation. 3. Physical evidence. Physical evidence refers to the evidence that proves the facts of a case by its shape, quality, specifications and characteristics. Physical evidence proves the true situation of the case through its external characteristics and its own attributes, and is not influenced and restricted by human subjective factors. Therefore, physical evidence is one of the important evidences in civil litigation. Common physical evidence in civil litigation includes: controversial subject matter (houses, articles, etc.). ); Articles damaged by infringement (processed articles, clothes, etc.). ); Traces (traces, fingerprints) and so on. 4. Audio-visual materials. 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. 5. Electronic data. As a new type of evidence, electronic data exists in electronic form, using all materials used for testimony and their derivatives; In other words, with the help of electronic technology or electronic equipment, all the evidence that can accurately store and reflect the relevant cases can be formed. From the form of evidence, electronic data evidence is between physical evidence and documentary evidence, such as e-mail, SMS, electronic contract, online QQ chat records and so on. Electronic data evidence is not only the product of the development of information technology, but also the product of the development of digital products such as computers and networks. After the revision of the new Civil Procedure Law, electronic data evidence is used as a new kind of evidence. With the progress of science and technology, more and more electronic data evidence will be encountered in judicial practice in the future. Determine whether electronic data evidence has probative force, so as to determine the facts of the case, including the admissibility of electronic data evidence and the determination of probative force. 6. Eyewitness testimony. A witness refers to a person who knows the facts of a case and is summoned by the court to testify at the request of the party concerned. The statement made by the witness to the court about the facts of the case is called witness testimony. There are two forms of witness testimony: oral and written. 7. Appraisal opinions. It refers to the conclusion made by the appraiser after analyzing, discriminating and judging the specialized problems in the case by using professional knowledge and technology, which is called expert opinion. The newly revised Civil Procedure Law changes the original appraisal conclusion into appraisal opinion. Appraisal opinions in civil litigation are extensive and diverse, usually including medical appraisal opinions, document appraisal opinions, trace appraisal opinions, accident appraisal opinions, product quality appraisal opinions, accounting appraisal opinions, behavioral ability appraisal opinions and so on. 8. Check the records. It refers to the record that the judges of the people's court personally inspect, photograph and measure the scene, articles or objects related to the case dispute or appoint relevant personnel to inspect, photograph and measure them in order to find out some facts in the course of litigation. Three. Identification of civil litigation evidence After the civil litigation evidence is submitted to the court, the judge comprehensively and objectively examines and judges the evidence according to legal procedures, that is, from authenticity, relevance to legitimacy, and from form to content. The means of examination include listening, reading, checking, asking, rhetorical question, inquest, appraisal, investigation and evidence collection after recess, etc. If doubts or contradictions cannot be ruled out after the above review, a letter of acceptance shall be made. It can be said that the admissibility of evidence in civil litigation is actually a process of "screening" evidence. Mainly from the following aspects: 1, the limitation of proof. Before the promulgation of "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure", the Civil Procedure Law only stipulated that the parties should bear the burden of proof, but did not stipulate the time limit for the parties to give evidence. Therefore, at any stage of the trial of a case, the parties can present evidence "at any time", which will easily lead to a sudden attack and delay of the lawsuit, thus damaging the efficiency and fairness of the lawsuit. "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" came into effect on April 1 2002, which stipulated the time limit for the parties to give evidence. The time limit for adducing evidence may be agreed upon by the parties themselves through consultation or designated by the people's court. However, in the trial practice, the operation is still chaotic, and the practices in various places are not uniform. Some stipulate that the parties must provide evidence before the trial of the first instance; Some stipulate that the parties shall submit evidence to the collegial panel of the court of first instance; Some stipulate that the parties must submit evidence within the time limit of first instance; It is also stipulated that in the second trial stage, the parties can still submit evidence. The author believes that the uncertainty of the time limit for the parties to give evidence or the failure of the parties to give evidence on time will often affect the efficiency of civil litigation, increase the litigation cost and increase the litigation burden of the other party. More importantly, it is easy to make the trial activities invisible to the parties to give evidence, resulting in the passivity of the trial activities and the uncertainty of the judgment results. Therefore, it is necessary to establish a time limit system for proof, which is generally limited to the time limit for the parties to give evidence before the trial in the court of first instance; If it is really difficult for a party to submit evidence before the expiration of the time limit for adducing evidence, it shall apply to the people's court for an extension before the expiration of the time limit for adducing evidence, which may be appropriately extended with the consent of the people's court; During the second trial or retrial, if the parties present new evidence and request to cancel or change the original judgment, it will not be accepted in principle unless there are special circumstances, and it will be regarded as giving up the right of proof in the first trial stage and bearing the legal consequences of not giving evidence, so as to maintain the seriousness and stability of the court's judgment.