On The Application Of The Common Principle Of Evidence In Common Joint Litigation

There is no stipulation on the principle of common evidence in our country's legislation,but it cannot be ignored that with the continuous emphasis on the protection of the rights and interests of the parties and the procedural fairness,the principle of common evidence has already provided the applicable soil.The application of the common principle of evidence helps to improve the efficiency of litigation and safeguard the fairness of litigation.The litigation efficiency of the principle of common evidence is more obvious in the application of ordinary joint litigation.However,regarding the application of the principle of common evidence in common lawsuits,the legislative level is not specified,the theoretical research is weak,and there are few applicable standards in judicial practice and there is no uniform applicable standard.There are common facts in ordinary joint litigation,and more and more attention is paid to the protection of the rights of the parties.Therefore,China has already established the soil for applying the common principle of evidence in ordinary joint litigation.The application of the principle of common evidence can alleviate the case at a certain level.The dilemma of inefficiency in litigation brought by less.The full text is divided into four parts:The first part: the connotation of the principle of common evidence.The principle of common evidence means that in the opposing parties or in a joint lawsuit,the court's evaluation of the results of the evidence investigation conducted by the party's evidence method can be freely evaluated based on the free testimony,without the evidence "partisan".Evidence is common to evidence applications and claims to have similarities,but there are also many differences.The theoretical basis of the principle of common evidence includes the relevance of evidence,liberal ideology and debate.The second part: the debate on whether the common principle of evidence can be applied in ordinary joint litigation.The form of ordinary joint litigation can be divided into two types: the same interest and different interests.There are three main theories about whether the principle of common evidence can be applied in ordinary joint litigation,namely,"affirmative","negative" and "assisted".For the procedural safeguards of other joint litigants,whether the principle of common evidence can be applied in ordinary joint litigation should adopt “restricted affirmation”,that is,in common common litigation,when other joint litigants are not applicable to the common evidence The principle of common evidence can only be applied when an objection is raised or the objection raised is unreasonable.The third part: the conditions for applying the common principle of evidence in ordinary joint litigation.The applicable conditions mainly include three,one is the fact that there is common,the second is that the scope of application is limited to the facts claimed by the parties,and the third is that the same trial organization should be heard.It should be noted that the application of the principle of common evidence does not need to be based on the use of the parties.The use of the evidence is to remind the judges of the effect.If there is a self-recognition or recognition of the parties in the ordinary joint lawsuit,it is based on the debate.The requirement is that the principle of common evidence cannot be applied to the fact that it recognizes or confesses itself.The withdrawal of evidence involves the formation of the judge's card,so it should be discussed in stages.The general joint litigant or the other party should be allowed to withdraw before the evidence investigation begins.The evidence investigation has begun but has not ended.When a joint litigant applies for evidence withdrawal.The consent of other joint litigants and the other party shall be obtained.If the evidence investigation has ended,the parties shall not be allowed to withdraw the evidence.The fourth part: the procedural guarantee of the common principle of evidence applied in ordinary joint litigation.The procedural guarantee is mainly divided into two levels,namely,the party level and the court level.The party level mainly means that the joint litigant and the other party can object to the common principle of applicable evidence in the proceedings,and the court conducts evidence against a common litigant.In the investigation,in order to prevent the assault referee,other joint litigants and the other party should be guaranteed to be present.They can also express opinions on the proof ability and proof of the evidence being investigated.The court level mainly means that the court should exercise the right to clarify when necessary.Moreover,the judgment of the applicable evidence should be justified in the judgment.