The use of photocopies is not of course invalid evidence

Legal basis

The Supreme People's Court's interpretation of the Application of the Civil Procedure Law of the People's Republic of China

Article 111 The original case of the submission of the document stipulated in Article 70 of the Civil Procedure Law is really difficult, including the following situations:

(1) Lost, lost or damaged in the original document;

(2) Under the control of the other party, it refused to submit it after being submitted by the legal notice;

(3) The original is under the control of others, and it has the right to not submit it;

(4) The original is not submitted due to the length or size of the size or size;

(5) The parties who have assumed the responsibility of the proof of proof cannot obtain the original documentation by applying for the people's court for investigation or other methods.

In the preceding paragraph, the people's court shall review and judge whether the copy of the document can be used as the basis for identifying the facts of the case in conjunction with other evidence and the specific circumstances of the case.

Judicial view

After the Supreme People's Court revised the Civil Procedure Law, the implementation of the leading group of the Civil Procedure Law edited the "Judicial Interpretation and Application of the Supreme People's Court's Civil Procedure Law of the Supreme People's Court"

In the trial practice, it should be paid attention to: 1. This article for situations that can not be provided by the original refers to the situation where there are objective reasons, and this article does not have the bottom terms. Except for these five situations, the copy of the copy of the documentary does not have the copy of the document. Evidence ability should be excluded. 2. Copy documents that meet the five situations stipulated in the first paragraph of this article are just to meet the requirements of evidence. This evidence itself is still flawed evidence. Prove. When reviewing and judging evidence, the people's court shall also conduct comprehensive judgments based on other evidence and the specific conditions of the case. Without other evidence to confirm each other, it cannot be used as a basis for identifying the facts of the case.

Authoritative case

(2020) The Supreme Famin End 1145

4. The appraisal agency adopts a copy as an appraisal data. Whether it is an invalid appraisal material, the corresponding engineering cost should be denominated. HSBC said that key information such as a large number of engineering visa forms, work contact forms, and engineering volume confirmation forms are copied, which is an invalid appraisal data, and its corresponding engineering cost should be denominated. The Explanation of the Supreme People's Court on Application & LT; Interpretation of the Civil Procedure Law of the People's Republic of China & GT; Article 111 stipulates that "the original submission of the original document stipulated in Article 70 of the Civil Procedure Law is really difficult, including the following situations: (1 ) If the original document is lost, lost or damaged; (2) The original under the control of the other party and refused to be submitted by the legal notice; 4) If the original is not submitted due to the length or size; The specific situation of the case, review and judge whether the copy of the document can be used as the basis for identifying the facts of the case. "Based on this, the parties submitted a copy as evidence. Determine the situation. In this case, the information submitted by the Sixong Company's project visa, the work contact form, and the project volume confirmation order are stamped with the seal of the supervision company. HSBC has not provided the opposite evidence to prove that the project is not actual construction. The evidence of the case is not inappropriate. The above -mentioned copy of the case is not improper. HSBC claims that this part of the evidence is an invalid material. The claim that the corresponding engineering price should be reduced should not be established.

Source: Civil Law Reference

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