Why are you full of reason, but you just can't win the lawsuit? He obviously borrowed money from you and did not pay it back, but the judge dismissed your lawsuit. When I first said that I would do business in partnership, if I made money, he wouldn't give you dividends, so why didn't he win? Probably the reason is your lack of evidence awareness. Mainland courts adopt an interrogative litigation structure, and the most important task in the trial is to help judges find out the facts, but the only way to find out the facts is to rely on evidence. What are the facts in your memory? What are the facts that can be proved by evidence? What are the facts that the judge ultimately determines? Although the three facts point to the same thing, they are often thousands of miles apart. Without evidence, all you can say is your own memory, and there is no difference between memory and story, how dare the judge believe it? But the reality is like this, people are only looking for a lawyer after there is a dispute, and things happened a few years ago, there is no piece of paper left, really do the heavens know, you know me know, this kind of lawsuit no matter how good the lawyer has no way, always can not write your description into decimals to send. Mixed poison, this is why many people are full of strength but lost the lawsuit, only exist in your memory of the memory, ah, can not transplant into the French brain. So you don't have to study the law specifically, but you must cultivate your own sense of evidence, which is enough for ordinary people. How to form a sense of evidence? First of all, you have to learn to think differently, don't just stand in your own perspective, but stand in the perspective of the third person to look at the evidence, think of yourself as a person who knows nothing about the facts, and see if you can restore the whole picture of the facts from the evidence in your hands. Second, think of the judge as an ordinary person, who, like you and me, has similar common sense, life experience, and Luo Ji thinking, and is neither a full-time all-rounder nor a child with low cognitive level. The quality of the evidence should be limited to these two criteria, not only so that the uninformed third party can restore the entire fact, but also do not have to demand every fact detail to prove, as long as the evidence is obtained at the key node, it can present a clear context of the development between the whole. So what evidence should be paid attention to in the life of the market? Ah, this question can be deduced backwards, the most easily recognized evidence by judges is the first evidence that needs to be preserved in daily life. For example, the best evidence is documentary evidence, the old saying in black and white has been heard by everyone, and this traditional concept is still deeply rooted in the hearts of the people today. As far as restoring history is concerned, there is no better evidence than documentary evidence for authenticity, bearing capacity and stability, especially in civil litigation, and various complex agreements can often only be presented through documentary evidence. For the preservation of documentary evidence, you can remember two principles, one is that all texts with their own signatures should be kept in an original, and the other is that wherever the text signed and sealed by the other party should be kept as much as possible, and at worst, a photo should be taken. In most simple civil disputes, the core evidence may only be a contract, but this is enough, when there is no documentary evidence, ah, the dialogue is also. Good evidence, the most common conversation is the chat history of WeChat or SMS. I suggest that in the case of sufficient memory in your phone, chat records should be kept for a long time, because you don't know when these chat records will be used as evidence, and once it is deleted, the probability of data recovery is very low, and many of the conversations that were once in the chat history have become empty items. In addition, audio recording is also a form of dialogue evidence. A well-designed call recording can accurately verify certain factual details with the other party to prevent the other party from denying it in court. Before recording, you can pre-design your own words, clarify the factual details you want to collect, and then complete the recording. If you really don't have any other evidence in your hands, it's the turn of the witness to testify. Note that the credibility of the witness's testimony is inversely proportional to the witness's relationship with you, that is, the closer the person is, the less effective the testimony provided by the person.
