Chapter 233: Validity of Evidence (2)

"Why did you issue this certificate?" one of the leaders shook the copy of the certificate brought by Huang Yixi, he had already asked the office to check it just now, and during that time, there was no printing procedure for this certificate.

The man was already in a cold sweat, his face flushed, and he was embarrassed for a long time before he said the reason.

He had received a little favor from Zhang Zili before, so he wanted to open such a certificate and ask him to help stamp it, and he stamped it.

"Don't you know, is this perjury?" The secretary glanced at the man with hatred, and the housing reform of the unit was based on the family, not the welfare of the individual.

.......

At Huang Yixi's request, the secretary happily asked him to issue another certificate and stamped the official seal, but in terms of writing, the two people had a disagreement, and Huang Yixi asked him to write the previous certificate to be invalid, but he refused.

"Since I will open the certificate and seal it later, the previous certificate will naturally be invalid, why do you want to do more?"

Even Li Hongxia pulled Huang Yixi's sleeve, "Xiaoxi, if you don't leave it at that, you ask them again, as long as they refuse to issue a certificate." ”

Li Hongxia's worries are not unreasonable, whether she lives with her ex-husband or her current husband, she has never walked into this unit, and if it wasn't for Huang Yixi to accompany her this time, she wouldn't dare to come in.

In her eyes, this unit is even more terrible than the public security bureau, after all, when she worked in the neighborhood committee, she also came into contact with some police officers from the police station, and when they were later transferred to the public security bureau, they would also say hello when they met.

But if she offends them, if they become angry and refuse to prove it, then it will be useless to cry, and she will not be able to sue them again.

A few days ago, Chen Lihua heard Zhang Zili sue for divorce, and took her here, the two of them were stopped by the doorman, as soon as they heard about her, the doorman made a phone call to ask for instructions, but the door was not let in.

To be honest, she was willing to admit her mistakes to them and give her a certificate without illusions, but Huang Yixi, a little girl, seemed to have never considered her inadequacy, thinking about Huang Haishan's popularity in the unit and Lin Shufang's popularity, she still followed.

I really didn't expect that as soon as people heard that it was Huang Haishan's daughter, they immediately agreed, and people are really different from others.

Huang Yixi patted her arm soothingly, it is not good to bring the parties together, but the divorce case is different from other cases, and she originally expected the leaders of the unit to do Zhang Zili's work for Li Hongxia's miserable sake, but she didn't expect that the leaders of this unit are all human spirits, and no one is willing to pay attention to Li Hongxia, it can be seen that no matter how pitiful people are, they have to make people feel pity and sympathy.

However, she has never argued with her client in front of others, but she will not be led by the nose by the client, so she is always appeased.

Huang Yixi smiled, "The evidence issued by the same institution has completely opposite proofs, and it does not say that the later proof is better than the previous one." ”

The Civil Procedure Law does not have clear provisions on the standard of proof for civil litigation, and the theoretical and practical circles have insisted on "objective facts" as the standard of proof for many years, that is, the proof of the case is required to reflect the true face of the case, and the requirements for the examination of evidence are indeed sufficient.

Many people, including legal professionals, do not remember this provision, but confuse it with the validity of the will, but this provision is different from the validity of the will, there are provisions in the law, there are several wills, and if the content conflicts, the final will shall prevail.

The person who stamped the seal and several leaders obviously heard of such a situation for the first time, so they looked at each other in surprise and saw that they were interested, Huang Yixi did not hesitate to salivate, and talked about several related cases.

In several similar cases, it is often difficult to achieve logical necessity in understanding some evidence and case facts, but the judge cannot refuse to adjudicate because of this, so it is necessary to introduce a highly probable standard of proof.

The so-called standard of proof of a high degree of probability is a principle of proof that the people's court can confirm the fact if the evidence presented by one party has proved that the fact has a high degree of probability, when the evidence of the preponderance of probability is applied to civil trials.

The reason for this provision is that in the absence of further evidence due to the unclear truth of the facts to be proved, the occurrence of facts with high probability is closer to truth than the occurrence of facts with low probability.

Article 73 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that if both parties adduce contrary evidence on the same facts, but neither has sufficient basis to deny the other party's evidence, the people's court shall, in light of the circumstances of the case, determine whether the probative force of the evidence provided by one party is significantly greater than that of the evidence provided by the other party, and confirm the evidence with greater probative force. This provision effectively empowers judges to make decisions based on a highly probable standard of proof where the truth of the facts is unclear.

The probative force of evidence shall be judged from the three aspects of the evidence—authenticity, legality and relevance of the source—combined with the ascertained case facts and other evidence that has already been identified. Obviously, this is not a judgment based on the date of the evidence.

"This means that even if we present this evidence now, the judge will not consider the original evidence to be fake, so you want us to write that the previous evidence is invalid, right?"

The person who asked this was a tall, thin middle-aged man with deep nasolabial folds and a serious face, who looked to be in his forties, and the first impression of such a person was that he was not easy to get along with.

Seeing Huang Yixi looking at him, he actually introduced himself, "Chen Zeyi." ”

A young man next to him added, "It's the deputy director of our bureau. ”

I don't know the name, I don't know the person, even the official Huang Yixi doesn't mind, but his kindness Huang Yixi also accepted, she continued to study their legal misunderstandings, but she also used a dim sum machine, although it is not the point of a sedan chair person lifting people, but people are kind, and people also return some kindness, why not.

"Director Chen, you are right, the judge's judgment will not be so simple and rude, just based on a date to say which one is valid, two contradictory proofs, should first be judged from the authenticity of the evidence, if both pieces of evidence are true, then judge from the legality of the source of evidence. ”

What Huang Yixi didn't say was that although these two pieces of evidence were stamped by the same unit and the same person, the one that Huang Yixi applied for was made through the formal seal application procedures, while Zhang Zili's one was only stamped by an acquaintance, which can make people reasonably doubt their legality.