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What are the three characteristics of evidence in the civil procedure law?
1. What do you mean by the three characteristics of evidence in the Civil Procedure Law? 1. It refers to authenticity, legitimacy and relevance. 2. The "three natures" of evidence seem simple, but the real understanding and application is very complicated. The cross-examination of evidence in court mainly revolves around the "three natures", and finally the court decides whether to adopt it by examining the "three natures" of evidence. Two. The authenticity of the evidence 1. Authenticity refers to the fact that the formation process of a piece of evidence itself is objective and true, not deliberately forged by the party that produced the evidence, and its content can objectively reflect the facts to be proved. 2. Sometimes, although a piece of evidence is not forged by one party, its content does not objectively reflect the facts to be proved, nor does it have authenticity, that is, authenticity includes two aspects: formal truth and substantive truth. When the two are inconsistent, the formal truth must obey the substantive truth, and both are indispensable in cross-examination, otherwise the evidence will be untrue. Three. The legality of the evidence 1. Evidence conforms to the legal forms of evidence, and there are seven legal forms of evidence in civil litigation. Anything that does not conform to these seven legal forms is illegal; 2. The evidence meets the formal requirements. For example, the contract signed by the unit must be stamped with the seal of the unit, the certificate of the unit must have the seal of the unit and the signature of the person in charge of the unit, and the witness must have the ability to testify and the qualification of the witness. Different kinds of evidence have different formal requirements, so it needs to be summarized in judicial practice. 3. Whether the sources of evidence are legal, including whether the subject of evidence is qualified and whether the procedures for obtaining evidence are legal. Mainly manifested in: whether the subject who produces the evidence has the corresponding responsibility, and the collected evidence that infringes on the legitimate rights and interests of others is illegal because the evidence collection procedure is illegal. Different kinds of evidence have different legal forms, formal elements and legal sources, so we should pay attention to cross-examination in court. Four. Correlation of evidence 1. There must be some connection between the evidence and the facts to be proved. Evidence can be divided into direct evidence and indirect evidence according to the close relationship. During the trial, when some parties cross-examined the evidence, they said that the evidence was irrelevant to the case. In fact, this statement is not accurate. It should be said that the evidence is irrelevant to the facts to be proved by one party (plaintiff or defendant, third party). 2. Every case has facts to prove. At different stages of litigation, the facts to prove vary from case to case, even from case to case. Only the evidence provided by one party can prove that it does not belong to the facts to be proved in this case can it be said that the evidence is irrelevant to this case.