Undoubtedly, the biggest advantage of the plaintiff in the administrative lawsuit is that the defendant submits evidence within the statutory time limit, so that the plaintiff can know the content of the evidence of the administrative organ in this case before the plaintiff, which is conducive to the prediction, decision-making, and targeted action of the plaintiff. Evidence is the lifeblood of the case, and as a matter of how the plaintiff in the administrative lawsuit for land title confirmation cross-examines the evidence provided by the defendant and its third party, each has its own tricks. Paragraph 1 of Article 39 of the Rules of the Supreme People's Court on Evidence in Administrative Litigation stipulates that the parties shall debate the relevance, legality and authenticity of the evidence, as well as whether the evidence has probative force and how strong it is.
The relevance of evidence refers to the fact that there is a factual or legal connection between the evidence and the facts to be proven, and there is the possibility of the facts to be proven; The legitimacy of evidence means that the evidence must be permitted by law and can be used to prove the facts to be proved in the case. The legitimacy of evidence mainly includes, first, whether the evidence is legal, if it is before or after the administrative act, how it was obtained, second, whether the form of evidence complies with the law, and third, whether the content of the evidence is legal. The author's experience in handling the case is:
First, in addition to the judge's fixed requirement to express cross-examination opinions on the three sexes of the evidence, the value of the evidence, that is, the probative power, is also very important, such as the investigation record of land rights confirmation, which is often the most intentionally selected witness, and cannot fundamentally deny the three sexes, so it is necessary to grasp the probative power for cross-examination. There is also a full opinion on what needs to be expressed in the cross-examination stage, and what should be analyzed in the debate stage, so that the trial is smooth, the judge is not bored, and the rhythm of expression is an art.
Second, the qualifications of witnesses directly affect the effectiveness of evidence. In a land title confirmation case, a large number of facts are finally decided through witness testimony, and the witnesses in the department include witnesses who appear in court and witnesses who do not appear in court, that is, verbal evidence. Whether the witness has personally participated in the original process of the land, how to know the situation of the case, and whether the information has received external intervention are directly related to the qualification and probative power, and whether the testimony contradicts each other, whether the logic of truth and falsehood, and whether the testimony is consistent with other evidence. The author once asked the appraiser who appeared in court during the trial, ** the resettlement plan was 4,926 yuan per square meter, but the valuation result was 4,200 yuan, and asked him to explain.
The third is the overall cross-examination and separate cross-examination of a group of evidence, and the overall cross-examination opinions and individual evidence cross-examination opinions should be properly handled. A set of evidence, such as the land ownership investigation record provided by the defendant, which investigated more than 10 people, was used to prove that the land belonged to the village committee, and if it was not a villager group, it seemed to be complete, but in fact, each was separated, and the testimony was formatted, the same thing, and the content was the same; Separate cross-examination, some people did not participate in the original process of the land, and some belonged to the **reserve promotion personnel, and completely obeyed the ** arrangement.
Fourth, the relationship between documentary evidence and witness testimony. Land ownership confirmation often encounters contract contracts, forest rights certificates, and early sales contracts. At this time, the focus is on our goal to express opinions, initially the forest certificate was issued to the group of people, and later because there is no one to manage the saplings, the village committee invested in the actual management, and the village committee issued the contract. At this time, the contract cannot be used against the forest warrant. There is also one place and two certificates, what is the reason, whether it is duplication or partial overlap, and then there is the documentary evidence in the history of the sales contract, and the consistency between the testimony.
Fifth, grasp the legitimacy of a single evidence procedure to cross-examine and find out the reasons for the negative. Such as the qualifications of the investigators, the time and place of the investigation, how the respondents are generated, whether the investigation method is induced, and whether the content of the investigation is objective and true.