In July 2009, Zhang and Chen met in love. In August 2010, Chen bought a commercial house on loan. Because the two sides agreed to register for marriage in May of the following year, when renovating a new house, the two discussed to determine a joint investment in decoration funds. During the decoration period, on September 3, 2010, Chen was given 20,000 yuan in cash for decoration, and Zhang s wife also went to the decoration city to buy decoration materials and paid a cost of 5,360 yuan , but the relevant bills were willing to be kept by Chen. Around November 2010, the renovation of the new house was completed. Zhang and Chen are in phase. Constant conflicts led to the termination of the relationship in March 2007. After that, he asked Chen to return the decoration money of 25,360 yuan. Chen thought that he had all the bills to pay for the decoration of the new house. He firmly denied Zhang s investment and did not agree to the refund. In order to sue the court , Chen was required to re turn the money for the renovation of the new house.
In the lawsuit, Zhang provided a savings passbook and bank deposit receipts to prove the capital contribution during the renovation process. The savings passbook recorded that Zhang had a deposit of 40,000 yuan and withdrew 20,000 yuan on September 3, 2010. The bank deposit and withdrawal receipt stated that Zhang had taken 20,000 yuan in cash from the bank that day. Secondly, Zhang went to the decoration city to retrieve a list of materials purchased at that time. The list not only recorded the name and price of the purchased materials, but also the name and phone number of Zhang on the customer column. Finally, Zhang submitted a recording material when Chen was asked to return the decoration money. The evidence was that Chen admitted to accept the 20,000 yuan delivered by Zhang, and admitted that Zhang had also purchased 5,360 yuan of decorative materials, but claimed When I received the cash, I didn t receive a receipt, and Zhang didn t have any decoration bills, so it was useless t o sue to the court.
In this case, the decoration bills held by Mr. Chen should be original and direct evidence with strong proof force. If the plaintiff fails to provide evidence or the proof force is not strong, the evidence cannot be linked or corroborated accordingly, the plaintiff assumes defeat. risk.
Although the savings passbook and bank withdrawal receipt provided by Zhang Mou could prove that the plaintiff had withdrawn cash from the bank himself during the decoration period, he could not prove that the money had been handed over to the defendant. Similarly, although the list of materials purchased by the plaintiff from the decoration city can prove that the plaintiff purchased it at that time, because the defendant held shopping bills, the possibility that the defendant could hand over the money to the plaintiff and entrust it to purchase cannot be ruled out directly . Proof of the plaintiff s payment. However, the recording materials provided by the plaintiff confirmed the authenticity and relevance of the above two evidences provided by the defendant s own statement, and constituted a complete chain of evidence, which was sufficient to prove the objective existence of the facts of the plaintiff s capital contribution. The plaintiff s three evidences held his claim.
In real life, when people buy large items, the seller generally requires the seller to issue a bill as proof of purchase. Legally, a shopping ticket is not only proof of a sale or purchase relationship, but also proof of ownership of the property. When purchasing jointly invested funds, the bill is often kept by one party. When a dispute occurs, the party uses the bill as evidence to prove that it is the owner of the property. At this time, if the other party wants to prove that it is also a funder, it is generally difficult to have very strong evidence. In the process of litigation, if this happens, the usual way to obtain evidence is to find some witnesses to testify, and the witness s testimony is nothing more than two cases: one is that the witness listens to the statement of the party, and the evidence comes from the evidence. According to the rules of evidence, it cannot be directly against the original evidence that the other party holds the bill; the other is that the witness a ccompanied the party to purchase, but the other party may propose that the witness has an interested relationship with the party who produced the evidence, reducing the probative power of the evidence. According to the rules of evidence, the testimony cannot Direct proof must be corroborated with other evidence to be accepted by the court.
Another method is to use the bank deposit and withdrawal record as evidence of capital contribution. Although it should be a documentary evidence that can clarify the facts taken from the bank, it cannot be directly inferred as the capital contribution. Therefore, it is manifested as a lack of evidence and cannot be independently proven. A combination of other evidence is required to determine whether it is relevant to the case and whether it can be accepted.
In this case, the plaintiff adopted a method of combining unit evidence and audiovisual materials to form a chain between the evidences and mutually confirm each other. In this case, it is entirely possible to use the direct evidence of the other party, or it is superior to the strength of proof. The other party s evidence led the court to believe its claim. Therefore, the plaintiff s evidence collection should be relatively simple and reasonable.
But when parties use audiovisual materials as evidence, they must first pay attention to the legality of the evidence and operate properly. Because audiovisual materials are an independent form of evidence between documentary evidence and physical evidence, such evidence can be easily forged, trimmed, or modified, so the court is generally more cautious in determining it. According to the Supreme People s Court s Regulations on the Proof of Civil Action, evidence obtained by methods that infringe on the legal rights and interests of others or violate the prohibitive provisions of the law cannot be used as a basis for determining the facts of a case. This is the legal judgment and exclusion rules for illegal evidence. Therefore, when using audio visual materials such as sound recordings and videos as evidence, you should pay attention not to infringe on the legal rights and interests of others, such as infringing the public morals of the society and infringing the privacy of others or violating the prohibition of laws. Install the theft device in the residence of others to eavesdrop Wait. The court of illegal evidence will not admit it. Second, pay attention to the timing and method of evidence collection. Since the audiovisual materials can be used as evidence, the other party is generally very vigilant after the lawsuit occurs, and it is often difficult to record the materials recognized by the other party, so it should be recorded or recorded before the lawsuit. If you proceed after the lawsuit, you must pay attention to the skills of conversation, so as not to alert the other party. Finally, we should pay attention to the effect and quality of audiovisual materials. If the recording and video are not clear, especially if the other party s words of commitment to the investment facts are unclear and cannot be judged, then all efforts will be abandoned and the risk of losing the case will increase.
In the process of obtaining evidence, you can find the most direct and strong evidence according to the actual situation of the case. If you pay part of the payment by bank card yourself when you purchase, you can use the bank deposit and withdrawal records and bank card payment voucher to obtain evidence. Another example is when the counterparty issues a receipt or transfers the funds from the bank account directly to the counterparty s bank account, both of which are strong evidence of facts.