What evidence should be collected in property litigation?

Need to collect physical evidence and audio-visual evidence of property infringement.

Legal analysis

Evidence is the basis to prove the facts of a case, and the issue of evidence is the core issue of litigation. All litigation activities are actually carried out around the collection and application of evidence. The evidence must be verified before it can be used as the basis for finalizing the case. In judicial trial, the facts of the case are decided. Also known as evidential facts. The form of evidence facts, such as witness testimony, material evidence, etc. , also known as evidence, also known as the source of evidence and means of proof. The difference between litigation evidence and evidence in scientific research or daily life is that the former is included in the scope of litigation activities and is regulated and restricted by procedural law norms. In litigation, evidence is the basis for deciding a case. Only by correctly identifying the case can we correctly apply the law and handle the case correctly. Therefore, the issue of evidence has always been a key issue in litigation. The research of evidence system has formed a discipline called evidence science or evidence law. Documentary evidence and physical evidence are both physical evidence in the form of articles or words. Material evidence is used in or related to a crime, which can prove the crime and the relevant situation of the crime, such as crime tools, stolen money, blood, fingerprints, footprints, etc. Documentary evidence is a document or other written material that can prove the true situation of a case, such as the correspondence between drug criminals; Documents, books, etc. Changed by corrupt criminals. The characteristic of material evidence is that there is no subjectivity, and it only proves the facts of the case by its objective existence. Physical evidence must be properly kept in order to maintain its original form. If it is impossible to keep the original state or the material evidence may be lost, the administrative organ must take measures to preserve it.

legal ground

The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.