Chứng cứ là gì? Phân loại chứng cứ trong tố tụng dân sự?

What is evidence? Evidence and proof in civil proceedings? Evidence, evidence sources and means of proof in civil proceedings?

Evidence in a civil case is the real thing handed over or presented by the involved parties and other agencies, organizations or individuals to the Court during the proceedings or collected by the Court in accordance with the order and procedures established by the Court. This Code stipulates and is used by the Court as a basis to determine the objective circumstances of the case as well as to determine that the claim or objection of the involved party is grounded and lawful.

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1. Properties of evidence:

– Objectivity: real, regardless of the will of the people participating in the proceedings, evidence must be discovered and found from a certain source.

-Relevance: direct or indirect (used as a basis)

For example: Directly related to debt collection lawsuits, loan papers; directly related: denial of loans, work papers, break rooms when traveling on business.

-Legality: evidence must be drawn from the process of proof, evidence is only considered legal when it is drawn only from a certain source prescribed by law.

-What the involved parties provide is only considered as evidence and evidence. If it is to be considered as evidence, it must go through a process of proof, investigation and must be decided by a judge or juror (the person conducting the proceedings makes a decision).

2. Classification of evidence:

*Based on when attached

Evidence by person includes evidence based on human speech and evidence of expert conclusions (professionally objective evidence) assessed by qualified experts.

– Evidence by object accounts for most types of evidence, be it a knife, a will..

see more: Evidence in criminal proceedings

*Based on the relationship with the object to be proved

Direct evidence is evidence that influences always, not through any other source. For example such as loan documents, property purchase and sale contracts, etc.

Indirect evidence is evidence that needs to go through an intermediary. For example such as business travel papers, vacation vouchers, bills when eating out..

*Based on form

Original evidence is the testimony of the first person who knows, not through anyone, directly seen or heard.

Recounted evidence is evidence that one person is told from another person, or narrated, from the truth.

3. What is evidence?

What is evidence? On what grounds is evidence determined? Article 64 of the Criminal Procedure Code provides for evidence as follows

1. Evidences are real things, collected according to the order and procedures prescribed by this Code, which the investigating bodies, procuracies and courts use as grounds for determining whether or not acts have been committed. the offender, the person committing the offence, as well as other circumstances necessary for the proper settlement of the case.

see more: Order and procedures for establishing an apartment building management board

2. Evidence is determined by:

a) Exhibits;

b) Testimonies of witnesses, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the case, arrested persons, persons held in custody, the accused, defendants ;

c) Assessment conclusions;

d) Minutes of investigation and trial activities and other documents and objects.

4. Evidence and proof in civil proceedings:

Evidence

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Evidence is a central and important issue in Census. All activities in the process of proof mainly revolve around the issue of evidence, every stage of the Civil War opens, closes and the outcome depends largely on the evidence. Based on the evidence that the involved parties have reasonable grounds to prove to protect their legitimate rights and interests, and the prosecuting agencies also consider the correctness of the facts to protect the interests of the litigants. people and protect the law.

Conditions to be recognized as evidence:

see more: Evidence and proof in the Criminal Procedure Code 2015

– The documents can be read if they are originals or copies legally notarized or authenticated or provided and certified by a competent organization

– Audio and visual documents if presented together with a written certification or origin of such document or a written statement of the incident related to such audio or video recording. Exhibits must be original artifacts related to the case.

– Testimonies of involved parties and testimonies of witnesses shall be considered as evidences if they are recorded in writing, on audio tapes, on audio discs, on video tapes or on video discs, or testify orally at court sessions;

– Expertise conclusions are considered evidences if such expertise is conducted in accordance with the procedures prescribed by law;

– A record of on-site appraisal results is considered evidence if the appraisal is conducted in accordance with the procedures prescribed by law and signed by the members participating in the appraisal;

– The custom is recognized by the community in which it is located;

Property valuation results are considered evidence if the valuation is carried out according to procedures prescribed by law or documents provided by price experts.

Such strict and clear regulation of evidence is to ensure the legitimate interests of the involved parties, to ensure that the Court’s settlement is objectively correct and to overcome the situation of fake documents; fake evidence. Therefore, readable documents that are not originals or copies but are not certified by the State Notary Office or are not certified by competent authorities are not evidence. For audio or visual documents without a written certification of the origin of such document or without a written record of the incident related to such audio or video recording, such audio or video recording Nor is it evidence.

see more: Attributes of evidence in civil proceedings

In a civil case, if the involved parties request the Court to protect their legitimate rights and interests, the involved parties are obliged to provide evidences to the Court to prove that their request is grounded. is legal. The involved parties are solely responsible for the consequences of not having evidence and proving it or proving it is not sufficient.

Prove

Proof is an activity that governs the results of the Court’s civil case settlement, so it has a very broad connotation. The nature of the proving activities of civil rights subjects is only reflected in the determination of the facts and events of the civil case, but also in the fact that it must be made clear to everyone that it is real and true. reality. But to achieve the purpose, the task of proving the proving subjects must always point out all the legal and practical grounds related to the civil case.

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The object of proof is the details and issues that need to be clarified in the process of settling the civil case. Proofs are divided into two categories:

  • Circumstances pertaining to the content and nature of the case
  • Other details of the civil case.

Depending on each different civil case, depending on the scope of the involved parties’ requests, it is determined which object of proof belongs to the nature of the case. The other subjects, which are not part of the commercial case, are evidences that need other evidence to prove and clarify, issues that do not directly represent the claims of the involved parties in the civil case.

However, there are circumstances and facts that do not have to be proved according to Article 92 of this law:

Article 92. Circumstances and facts not required to be proved

1. The following facts and circumstances are not required to be proved:

see more: Can audio recordings be considered evidence?

a) Obvious circumstances and facts that are known to everyone and recognized by the Court;

b) Circumstances and events identified in legally effective court judgments or decisions or decisions of competent state agencies that have taken legal effect;

c) Circumstances and events recorded in documents and lawfully notarized and authenticated; In case there are signs of doubting the objectivity of these facts or events or the objectivity of notarized or authenticated documents, the judge may request the involved parties, agencies or organizations to notarize or certify produce the original, the original.

2. If one involved party admits or does not object to details, facts, documents, documents and conclusions made by the other party, that party is not required to prove.

3. If an involved party has a representative to participate in the proceedings, the representative’s acknowledgment is considered the involved party’s acknowledgment if it does not exceed the scope of representation.”

In principle, the Court does not have the burden of proof, but the burden of proof first belongs to the parties because:

  • The involved parties are insiders, so they often know the case well and are able to provide information about the case and its origin.
  • The involved parties have rights and interests related to the civil case, so they will pay attention and find all measures to affirm that their claim or objection is grounded.

However, in order to properly handle a civil case, the Court still needs to determine which facts and circumstances need to be proved and clarified? Are the evidences and documents sufficient?… In case the involved parties cannot collect evidences by themselves, the Court may take measures to verify and collect evidences.

It can be said that evidence and proof are important provisions in Civil Procedure Code 2015. All legal activities focus on clarifying the issues that need to be proved by collecting and evaluating evidence. It can be said that the institution of proof and evidence of the Civil Procedure Code It has not only changed in quantity but also in quality compared to the previous civil procedure law. It is defined and concretized the basic principle that the responsibility for providing evidence and proof belongs to the litigants.

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see more: Analysis of the characteristics and characteristics of evidence in civil proceedings

5. Evidences, evidence sources and means of proof in civil procedures:

Proving is the making of something to be true, evidence, sources of evidence and means of proof are ways that contribute to the resolution of a civil case.

Evidence

Evidence in a civil case is anything real that is handed over by involved parties and other individuals, agencies or organizations to the Court or collected by the Court according to the order and procedures prescribed by this Code. which the Court uses as a basis to determine whether the involved parties’ claims or objections are grounded and lawful, as well as other circumstances necessary for the proper settlement of the civil case.

-What the involved parties provide are only grounds and evidence, if they want to be considered as evidence, they must go through a process of proof of investigation and must be called out by the judge or juror collectively as the person conducting the proceedings. decision.

Source of evidence

The source of evidence is understood as the place where the evidence is drawn. The court can only collect evidence from which to draw evidence. Any type of evidence is included in a certain source of evidence, but that does not mean that when collecting a source of evidence, it will necessarily contain evidence.

Evidence is gathered from the following sources:

+ The documents can be read, heard and seen;

see more: Evidence to prove adultery under the new criminal law

+ The evidences;

+ Testimony of the involved parties;

+ Testimony of witnesses;

+ Conclusion of the assessment;

+ A record of on-site appraisal results;

+ Customs;

Result of asset valuation;

+ Other sources prescribed by law.

see more: Right to know, record and copy documents and evidences of involved parties in civil procedures

Means of proof

– Means of proof are tools prescribed by law that the subjects of proof are used to clarify details and events of a civil case. The circumstances and facts subject to proof in civil cases are very diverse, leading to a variety of means of proof used to clarify the issues of the civil case.

In order to clarify the circumstances and facts of the civil case, the proving subjects must use certain tools prescribed by law such as testimonies of involved parties, testimonies of witnesses, conclusions. of the examiner… These tools are called means of proof.

For example

Mr. A died, leaving a will written with the content to leave his grandson 100 million. In this hypothesis:

-The evidence is the details of the event: in the content of the will give you 100 million

-The source of evidence is the form side: discovering that Mr. A’s will died and left behind.

– Means of proof: the will is sent to the court, the court uses tools to prove it to achieve certain results.

see more: Dossier and procedures for the selection of exceptional public employees according to Circular 15/2012/TT-BNV

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