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Amendment and Release of Certain Provisions of the Supreme People's Court on Evidence in Civil Procedure

来源: 证券日报网 2019-12-27 09: 21: 52Source: Securities Daily

On December 26, the Supreme People's Court held a press conference to announce the "Decision of the Supreme People's Court on Amending" Several Provisions on Evidence in Civil Procedures "(hereinafter referred to as the" Amendment Decision ").

According to Changjiang Bixin, the vice court of the Supreme People's Court, the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (hereinafter referred to as the "Civil Evidence Provisions") came into effect on April 1, 2002, and the revision work was initiated in 2015. It took four years to complete the revision of the "Civil Evidence Provisions" on the basis of extensive consultation and full argumentation, and was discussed and approved at the 1777th meeting of the Judicial Committee of the Supreme People's Court.

There are 115 Articles of Amendment Decision and 100 Articles of Civil Evidence Provisions re-promulgated in accordance with the Amendment Decision. In the revised "Civil Evidence Provisions", 11 provisions of the original "Civil Evidence Provisions" have been retained, 41 provisions have been modified from the original "Civil Evidence Provisions", and 47 new provisions have been added. The main contents include the following aspects:

1. Improve the "documentary evidence order" system and expand the channels for parties to collect evidence.

The investigation of the facts of the case in civil trials aims to find the true facts as much as possible, but the inadequate ability and limited channels of the parties to collect evidence is an important reason that has restricted the realization of this goal for a long time. Especially for special types of lawsuits such as environmental torts, inadequate ways for the parties to collect evidence will often lead to the outcome of their loss, which will seriously affect the protection of the parties' substantive rights and the realization of substantive justice. To this end, Article 112 of the Interpretation of the Civil Procedure Law of 2015 makes a principled provision for "documents to make orders", and the "Amendment Decision" is based on the "Interpretation of Civil Procedure Laws", to apply for "documents to make orders" application conditions, review Procedures, the scope of the documentary documentary obligation, and the consequences of non-compliance with the "documentary documentary order" were established, which improved the "documentary documentary order" system. At the same time, by adopting the provisions of Article 113 of the "Amendment Decision" on "documentary evidence requirements applicable to audiovisual materials and electronic data", audiovisual materials and electronic data were included in the scope of application of "documentary evidence order", which extended to the channels for parties to collect evidence. It will play a positive role in promoting the factual identification of the case and the objective and fairness of the judgment results.

2. Revise and improve the rules of self-recognition of the parties to better balance the exercise of the parties' right to dispose and the real needs of the people's court.

Self-recognition is a kind of litigation performed by the parties based on the exercise of the right of disposition, which has the effect of exempting the other party from the burden of proof. Article 8 of the former "Civil Evidence Regulations" provided for the parties 'self-recognition rules, which played a very active role in unifying the applicable standards of laws and guiding the parties' litigation activities. But after more than ten years of trial practice testing, the original regulations still have some imperfections. For this reason, the contents of the original "Provisions on Civil Evidence" were revised, supplemented and improved in the fourth to tenth items of the "Modification Decision". It is mainly reflected in two aspects: First, the self-recognition of the litigant agent no longer considers whether the litigant agent has been specially authorized. Except for matters explicitly excluded in the power of attorney, the self-recognition of the litigant agent is regarded as the party's own Secondly, the conditions for the parties to revoke their confession are appropriately relaxed. For the parties' self-confession due to intimidation or major misunderstanding, the parties are no longer required to prove that the content of the confession is inconsistent with the facts. At the same time, the "Amendment Decision" also provides for the self-recognition, conditional self-recognition and restricted self-recognition of the co- litigants.

3. Improve the sanction measures for parties, witnesses, and appraisers, as well as sanctions for parties and witnesses' false statements and appraisals, and promote the implementation of the principle of good faith in civil litigation.

The principle of good faith is an important content of the amendment of the 2012 Civil Procedure Law, and it is of great significance to regulate the behavior of civil litigation subjects and maintain civil litigation order. The Amendment Decision is based on the spirit of the Civil Procedure Law and on the basis of the Interpretation of the Civil Procedure Law. On the one hand, it improves the method and content of the parties' confirmation when they are questioned and the testimony of witnesses. The provisions of the letter of commitment to strengthen their inner restraint; on the other hand, the parties and witnesses intentionally make false statements and the appraisers intentionally make false appraisals, corresponding penalties are provided to promote the implementation of the principle of good faith in civil litigation.

Fourth, supplement and improve the regulations on the scope of electronic data, and clarify the rules for review and judgment of electronic data.

Electronic data is a new form of evidence added in the 2012 Civil Procedure Law. The Interpretation of the Civil Procedure Law in 2015 made principles and general provisions on the meaning of electronic data. In order to solve the operational problems in trial practice, the "Modification Decision" made more detailed provisions on the scope of electronic data in item 15, and in items 16 and 25 provided for the parties to provide and the people's court to investigate and collect and preserve electronic data. It is required that in Articles 105 and 106, rules for electronic data review and judgment are provided, and the electronic data evidence rule system is improved. It is of positive significance to harmonize the applicable standards of law and protect the litigation rights of the parties. (Reporter Zhang Ye)

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