What Is Proof in Civil Procedure? Who Conducts Proof in Civil Procedure?
Which subjects have the responsibility to provide evidence in civil proceedings?
Based on the provisions of Clause 2, Article 6 of the Civil Procedure Code 2015; Clause 2, Article 21 of the Civil Procedure Code 2015; Clause 5, Article 70 of the Civil Procedure Code 2015; Clause 2, Article 76 of the Civil Procedure Code 2015; Clause 2, Article 85 of the Civil Procedure Code 2015 and Clause 6, Article 97 of the Civil Procedure Code 2015, the subjects responsible for providing evidence in civil proceedings include:
- Litigation participants;- Representatives of the litigation participants;- The People's Procuracy when conducting a protest according to appeal, cassation, or reopening procedures;- The People's Court.
Where the court provides evidence when:
- The litigation participants have applied necessary measures to collect evidence, but still cannot collect it themselves and request the court to do so;- In written form or directly;- Taking statements of the litigation participants and witnesses;- Requesting expert assessment;- Confronting the litigation participants with each other or with the witnesses;- On-site inspection and verification;- Deciding the valuation of assets, requesting asset valuation;- Delegating the collection, verification of documents and evidence, and so on.
What is providing evidence in civil proceedings? Which subjects have the responsibility to provide evidence in civil proceedings?
What is providing evidence in civil proceedings?
Providing evidence in civil proceedings is considered the activity of procedural subjects according to the regulations of procedural law to clarify the facts and details of civil cases.
Providing evidence includes procedural activities such as: providing, collecting, researching, evaluating evidence, and proving by procedural subjects throughout the process of resolving civil cases.
In civil proceedings, providing evidence is the only measure to determine the truth of the facts and details of the civil case. It helps judges, people's assessors, and other subjects clearly see the details of the case being resolved, thereby ensuring the correctness of the resolution process.
Additionally, for litigation participants, providing evidence plays a role in clarifying their rights and interests. Based on that, they will convince the court.
If the litigation participants cannot prove the existence of their rights and legitimate interests, those rights and interests will not be protected by the court.
What are the responsibilities of competent agencies, organizations, and individuals in providing evidence?
According to Article 7 of the Civil Procedure Code 2015, the regulation is as follows:
Responsibilities in providing documents and evidence by competent agencies, organizations, and individuals
Competent agencies, organizations, and individuals, within the scope of their duties and powers, are responsible for fully and timely providing to litigation participants, courts, and the People's Procuracy (hereinafter referred to as the procuracy) the documents and evidence within their possession and management upon request by the litigation participants, courts, and procuracy according to this Code and must bear legal responsibility for providing these documents and evidence; if unable to provide, they must notify in writing and clearly state the reasons to the litigation participants, courts, and procuracy.
Thus, competent agencies, organizations, and individuals have the following responsibilities:
- Fully and timely provide to litigation participants, courts, and the procuracy the documents and evidence within their possession and management;- Manage when requested by the litigation participants, courts, and procuracy according to this Code;- Bear legal responsibility for providing these documents and evidence;- If unable to provide, they must notify in writing and clearly state the reasons to the litigation participants, courts, and procuracy.
In civil proceedings, is providing evidence considered a right or an obligation of the litigation participants?
According to Clause 1, Article 6 of the Civil Procedure Code 2015 among the basic principles of civil proceedings, the regulation is as follows:
Providing evidence and proving in civil proceedings
1. The litigation participants have the right and obligation to actively collect, submit evidence to the court, and prove that their claim is grounded and lawful.
Agencies, organizations, and individuals initiating a lawsuit to protect the legal rights and interests of others have the right and obligation to collect, provide evidence, and prove as litigation participants.
At the same time, according to the regulation at Clause 5, Article 70 of the Civil Procedure Code 2015 on the rights and obligations of litigation participants, the regulation is:
Rights and obligations of litigation participants
...
5. Provide documents and evidence; prove to protect their lawful rights and interests.
From the above regulations, it is clear that providing evidence is both a right and an obligation of litigation participants in civil procedural activities.
Which facts and events do not need to be proven?
According to Clause 1, Article 92 of the Civil Procedure Code 2015 and Clause 2, Article 92 of the Civil Procedure Code 2015, the regulation is as follows:
Facts and events that do not need to be proven
1. The following facts and events do not need to be proven:
a) Clear facts and events that everyone knows and are recognized by the court;
b) Facts and events determined in legally effective court judgments, decisions, or legally effective decisions of competent state agencies;
c) Facts and events recorded in documents and legally notarized or authenticated; in cases where there are signs of doubt about the objectivity of these facts and events or the objectivity of the notarized or authenticated documents, the judge may request the litigation participants or the notarizing or authenticating agencies and organizations to provide the originals.
2. One party litigation participant admits or does not object to the facts, events, documents, texts, conclusions of specialized agencies presented by the other party litigation participant, that party does not need to prove.
Thus, if falling into any of the above cases, the subjects in civil procedural activities do not need to provide evidence.
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