Legal subjectivity:

1. Civil litigation evidence characteristics Civil litigation evidence has three basic characteristics: objectivity, relevance and legality. The so-called objectivity of civil evidence refers to the fact that the evidence must exist objectively, that is, it has objectivity. Objectivity means that the civil litigation evidence itself is objective and real, rather than imaginary, fictitious, or fabricated. The so-called relevance refers to some internal connection between evidence and the object of proof. Evidence materials must go through two stages before they are finally admitted as evidence. First of all, it must be seen whether the evidence materials are relevant. Evidence materials that are not relevant cannot be considered as evidence. Secondly, relevant evidence materials should also be evaluated based on their degree of relevance. The so-called legality means that the evidence must comply with the requirements of the law and not be prohibited by the law. Legality not only means that evidence must be collected and provided in accordance with legal procedures, but also must meet the conditions prescribed by law. To sum up, legality includes three aspects: the legality of collecting evidence; the legality of the form of evidence; and the legality of transforming evidence materials into evidence. To become evidence, evidentiary materials must go through the procedures prescribed by law. 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. But objectivity, relevance and legitimacy are by no means equivalent. Objectivity is the prerequisite attribute of evidence in civil litigation. Without objectivity, it is impossible to have relevance and legitimacy. Only objective evidence can be relevant. Only evidence that is objective and relevant can be legitimate. And in a sense, legitimacy is the most important. If an evidence material is both objective and relevant but does not possess legality, generally speaking, it cannot become evidence in civil litigation. For example, Article 80 of the "Civil Procedure Law" stipulates: "The surveyor shall prepare a record of the survey situation and results, which shall be signed or sealed by the surveyor, parties and invited participants." That is to say, if the survey Even if the circumstances and results are objective and relevant to the case, if they do not meet the requirements of legality, that is, the examiner or the parties do not sign or seal the transcript, it still cannot be used as evidence in civil litigation. 2. Types of evidence in civil litigation Article 63 of the newly revised Civil Procedure Law stipulates that the types of evidence in civil litigation have been increased from the original seven categories to eight categories: 1. Statements of the parties. Party statements refer to the statements made by the parties to the court regarding the facts related to the case during litigation. The parties' statements are divided into oral statements and written statements, and can also be divided into two categories: statements of case facts and self-admissions by the parties. The first type of evidence used as party statements is a characteristic of the classification of evidence types in civil litigation in my country. The parties are the main body of the legal relationship in civil litigation. Since they have a direct interest in the outcome of the litigation, the statements made by the parties are characterized by the coexistence of truth and falsehood. Therefore, when using this evidence, judges should be careful to prevent false evidence from being used as a basis for determining the facts of the case. The statements of the parties should be reviewed and verified in conjunction with other evidence in the case to determine the basis for determining the facts of the case. If there is only a party's statement without other evidence to corroborate it, and the other party does not approve it, it cannot be used as a basis for determining the facts of the case. 2. Documentary evidence. It refers to the evidence that proves the truth of the case through the content recorded in words, symbols, graphics, etc. or the thoughts expressed. The reason why this kind of item is called documentary evidence is not only because its appearance is in written form, but more importantly, the content it records or expresses can prove the facts of the case. From the perspective of judicial practice, the forms of documentary evidence are diverse. From the expression method of documentary evidence, there are written, printed, and engraved forms; from the carrier of documentary evidence, there are paper, bamboo, wood, etc. Cloth and stones, etc. In terms of specific forms of expression, common forms include contracts, documents, bills, trademarks, etc. Therefore, the main form of documentary evidence is various written documents, but sometimes it also appears as various items. Documentary evidence is a commonly used type of evidence in civil litigation and plays a very important role in civil litigation. 3. Physical evidence. Physical evidence refers to evidence that proves the facts of the case based on its shape, quality, specifications, characteristics, etc. Physical evidence proves the true situation of the case through its external characteristics and its own attributes. It is not affected and restricted by people's subjective factors. Therefore, physical evidence is one of the important pieces of evidence in civil litigation.

Common physical evidence in civil litigation includes: the subject matter of the dispute (houses, items, etc.); objects damaged by infringement (processed items, clothing, etc.); traces left behind (imprints, fingerprints), etc. 4. Audio-visual materials. Audio-visual materials refer to a type of evidence that uses audio recordings, video recordings, information and data stored in electronic computers to prove the facts of a case. It includes video tapes, audio recordings, fax data, film reels, microfilm, telephone recordings, radar scan data and computer storage data and information. Foreign civil procedure laws generally do not treat audio-visual materials as an independent type of evidence, and only classify them into the categories of documentary evidence and physical evidence. In view of their independent characteristics, our civil procedure law classifies them into an independent category. evidence to be used. 5. Electronic data. As a new type of evidence, electronic data exists in electronic form and is used as all materials and derivatives used in testimonies; in other words, it is formed with the help of electronic technology or electronic equipment that can accurately store and reflect the relevant case circumstances. All evidence. From the perspective of evidence form, electronic data evidence is between physical evidence and documentary evidence, such as emails, mobile phone text messages, electronic contracts, online QQ chat records, etc. Electronic data evidence is not only a product of the development of information technology, but also a product of the development of computers, networks and other digital products. After the revision of the new Civil Procedure Law, electronic data evidence is used as a new type of evidence. With the advancement of science and technology, more and more electronic data evidence will be encountered in judicial practice in the future. It is important to determine whether electronic data evidence is present or not. The probative force and the size of the probative force are used to determine the facts of the case, including the admissibility of electronic data evidence and the recognition of the probative force of electronic data evidence. 6. Witness testimony. A witness refers to a person who knows the facts of a case and comes to court to testify at the request of the parties and the court's summons. The statement made by the witness to the court on the facts of the case is called a witness testimony. Witness testimony comes in both oral and written forms. 7. Appraisal opinions. It refers to the conclusion made by the appraiser after using professional knowledge and technology to analyze, identify and judge the specialized issues in the case, which is called the appraisal opinion. The newly revised Civil Procedure Law changes the original appraisal conclusion to the 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 capacity appraisal opinions, etc. 8. Inspection records. It refers to the records recorded by the judges of the people's court who, during the course of the litigation, in order to ascertain certain facts, personally inspect, photograph, and measure the scene, items or objects related to the case dispute, or designate relevant personnel. 3. Identification of civil litigation evidence After the civil litigation evidence is submitted to the court, the judge will review and judge the evidence in accordance with legal procedures, that is, comprehensively and objectively review each item from authenticity, relevance to legality, form to content. . The means of examination include listening, reading, checking, questioning, cross-examination, inspection, appraisal and adjournment for investigation and evidence collection. If doubts or contradictions cannot be eliminated after the above review, a decision will be made whether to accept or reject the application. It can be said that the admission of evidence in civil litigation is actually a process of "screening" evidence. The review will mainly be conducted from the following aspects: 1. Time limit for proof. Before the promulgation of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedures", the Civil Procedure Law only stipulated that the parties had the burden of producing evidence, but did not stipulate the time limit for the parties to produce evidence. Therefore, at any stage of the trial, the parties can submit evidence "at any time", which can easily lead to sudden attacks and delays in the litigation, thus damaging the effectiveness and fairness of the litigation. After the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" came into effect on April 1, 2002, the time limit for the parties to produce evidence was stipulated. The time limit for producing evidence can be agreed upon by the parties themselves or designated by the people's court. However, in trial practice, the operation is still relatively chaotic, and practices are not uniform across regions. Some stipulate that the parties must provide evidence before the first instance trial begins; some stipulate that the parties must submit evidence before the first instance court collegiate hearing; some stipulate that the parties must submit evidence within the first instance hearing limit; and some stipulate that the parties can still submit evidence at the second instance stage. The author believes that the uncertainty of the time limit for the parties to produce evidence or that the parties do not produce evidence on time will often affect the efficiency of civil litigation, increase litigation costs, and increase the litigation burden of the other party. More importantly, the trial activities are easily affected by the invisible constraints of the parties' evidence production. This results in passivity in trial activities and uncertainty in judgment results.

Therefore, it is very necessary to establish a time limit system for producing evidence. Generally, the time limit for the parties to produce evidence is limited to before the court of first instance opens the hearing; if the party really has difficulty in submitting evidence before the expiration of the time limit for producing evidence, he should apply to the People's Court for an extension before the expiration of the time limit for producing evidence. If the court agrees, it may be extended appropriately; during the second instance or retrial, if a party submits new evidence and requests to revoke or change the original judgment, unless there are special circumstances, in principle, it will no longer be accepted, and it will be regarded as giving up the right to produce evidence at the first instance, and the party shall It bears the legal consequences of failure to provide evidence in order to maintain the seriousness and stability of the effectiveness of the court's judgment. Legal objectivity:

Article 71 of the "Civil Procedure Law of the People's Republic of China" Evidence should be presented in court and cross-examined by the parties. Evidence involving state secrets, business secrets and personal privacy shall be kept confidential, and if it needs to be presented in court, it shall not be presented in a public hearing. Article 72 of the "Civil Procedure Law of the People's Republic of China" shall use the People's Court as the basis for determining the facts and documents that have been notarized and certified through legal procedures, unless there is contrary evidence that is sufficient to overturn the notarized certification.