(3) According to documentary evidence in the form of documentary evidence can be divided into gener

Huang Tong Tong Shan soldiers ers objective reality is varied, not all of the facts can be used as evidence, only those with the facts of the case there is a connection to the fact that in order to be used as evidence, conversely, can play a proof of evidence case the role of the real situation, therefore, the evidence and facts of the case there is a causal link.
Industrial and commercial administrative authorities in the investigation of cases in which the evidence occupies a very important position.
Evidence is that a correct ers understanding of the real situation and the case was in the process of case basis and foundation. AIC pipe organs to investigate cases of violation from the filing, investigation, qualitative ers and penalties, are inseparable from the evidence. ers There is no evidence, it can not properly disclose to prove the illegal acts of violation of the parties, the parties confirmed that the punishment should be. There is no evidence, ers the whole process of handling cases will not normally be followed, and eventually reach the mission and purpose of the investigation, therefore, is often called the evidence handling activities are the most important and the most practical, the most critical part of the handling activity center problem. Evidence for the authorities handling the case-handling tasks correctly implemented to combat violations of great significance. ers
In order to properly investigate and deal with authorities handling the case, must be based on facts and law as the yardstick. First, you must find out the real situation of the case, and then to the clear facts on the basis of the correct application of the law, made the decision on the case. Second, investigators have undertaken their cases must be identified and the investigation confirmed ers the existence of the illegal facts? Who is illegal? Violates any laws and regulations? Fraud is the use of economic contracts or the manufacture and sale of counterfeit and shoddy goods? Well as violations occurred time and place and the motives, ers purposes, consequences, background and other conditions and so on. Finally, mastered the objective reality of the evidence, although not at the time of the facts of the case under the conditions as repeat or reproduce, it is also possible to have a clear understanding and correct understanding, it is necessary to rely on the evidence, the facts of the case had occurred The entire scene was recognized and accurately ers reflected.
Evidence is being deterministic processing of cases according to qualitative ers processing correctly, you must first use of evidence, find out all the facts, and then based on facts correctly identify and apply relevant laws, regulations, administrative rules, to determine violations of the parties . Whether a lighter or heavier plot, etc. If left simply no basis in fact or evidence as a basis for the laws, regulations, administrative rules and regulations have to be profound understanding, and then perform strongly, they can not achieve the purpose of being deterministic processing cases, Only full and conclusive evidence, the parties can realistically drawn without fault, as well as on the nature of the offense to make the right conclusions. ers
Clear cases investigated cases of proven extremely necessary for an object, ers which can make the authorities handling the investigators in the process of handling cases always clear objectives must be identified neither the omission of facts in the case, nor is the fact that cases are irrelevant or trivial entanglement and concentrate, accurate and timely identification of cases of the true situation. Facts of the case includes two parts, one for illegal facts, mainly the fact that the elements constituting the offense, the second ers is unlawful and illegal parties own circumstances after the performance, the former is the basic object of proof, because only identify these situations, proper conduct of the parties to resolve is illegal? violates any laws, regulations and administrative provisions ers of these Regulations? who violate the law? should not be in accordance with laws, regulations, administrative regulations ers shall be given the necessary punishment, accountability? latter for correctly apply the laws, regulations, administrative rules is important, so it must be identified.
Thus, the truth of a case that facts of the case, the object is to prove that, while the evidence is evidence of facts that justify the means, to correctly identify the facts of the case, we must rely on the evidence ers collected facts to prove it. According to "industrial and commercial administrative organs provisional rules of procedure ers of administrative punishment" Article VIII, the evidence must be verified before it can be taken as the basis for treatment, so authorities handling the collected evidence ers and must be carefully reviewed and contact other evidence were compared analysis to identify the authenticity of the evidence collected and identified the facts of the case contact. Examine and verify the facts of the evidence, in the final analysis its purpose is to prove the truth of the facts so that the facts found with objective reality.
In the case investigation and investigation stage, based on "commercial administrative organs administrative penalty procedures Interim Provisions" Article 15 "PRC Anti-Unfair Competition Law" seventeen "Yunnan investigate acts of producing and selling fake goods regulations" section nine, "commodity trading market in Yunnan Province Management Regulations" provisions of Article 22 and other industrial and commercial administrative organs of the burden ers of proof, it must be based on clear requirements investigators laws, regulations, administrative rules and regulations to collect evidence to prove case the real situation.
According to "Administrative Procedure ers Law," the thirty-second, thirty 23 provides that administrative penalty cases in litigation stage, by the defendant (the executive) the burden of proof, also provides that during the proceedings, the defendant shall not by himself plaintiffs and witnesses to collect evidence. This requires industrial and commercial administrative organs investigated and dealt with, it should be conscientious and careful, comprehensive ers collection of all relevant evidence to prove the case of the real situation, not the evidence is not comprehensive, full circumstances hasty decision process, assuming the case in litigation stage, investigators authorities have no right to collect evidence and witnesses to the plaintiff, which will give the industrial and commercial administrative organs cause unnecessary trouble and passive, ers and ultimately losing the lawsuit as a defendant in the end.
3, the circumstantial evidence must form a complete proof system, a case of circumstantial evidence only proves that a fragment, only to prove the case all individual pieces of circumstantial evidence collected to identify the links between them, form a complete proof system and sufficient to rule out other possibilities, the conclusion is the only order according to ascertain all the facts of the case.
Examine and judge the evidence approach: (1) For each evidence should be reviewed one by one to verify. During the review process, taking into account the characteristics of each of the evidence, the different types of evidence, different aspects should be reviewed. (2) In the itemized review, based on the need to undertake a comprehensive review to identify the relationship between the evidence and contradictory lies, and to determine the authenticity of the evidence or the decision to continue to collect evidence. (3) confrontation (cross-examination), "industrial and commercial ers administrative organs Administrative Hearing of the Provisional Rules" Article 34 states: "The parties can spot evidence to prove their claims, chairperson of the hearing should receive. Parties and the case investigators after hearing Moderator allows, for questioning ers in relation to the evidence, you can also witness to the scene, appraisers, and inspectors. "
(2) based on documentary evidence of production methods can be divided into original copy, the original, copies and extracts. Documentary evidence of the original (the original) is a document production were originally made of documents, according to the original text of copying, or printing, and externally with the same effect as the original document, known as the original; according to the original copy, the original copy of the document or photo called a copy or copies, only original part excerpt, called extracts. Special emphasis on handling agencies in the collection of evidence collected as far as possible the original, can not get in the original case, collect a copy of a copy or extract of the can, but must indicate the copy, the copy extracts of the provenance, collection time, collect the signature and the signature of the source unit or sealed.
(3) According to documentary evidence in the form of documentary evidence can be divided into general and specific documentary ers evidence. For the production of documentary evidence, the law only requires a clear sense that he did not possess the necessary forms and procedures required, called the general documentary evidence, such as the parties themselves accountable for violations of the written material. For the production of documentary evidence, the law must have the specific forms and means of known specific ers documentary evidence. As based on "commercial administrative organs ers provisional ers rules of procedure of administrative punishment," the provisions of Article XVI, investigators notify the party or parties to the authorities handling the inquiry transcripts produced residence is specific documentary evidence. As another example, a person engaged in business activities in order to be in accordance with relevant laws and regulations and formalities in the form to the industrial and commercial administrative organs bid for a business license, business license is determined ers according to its ability to engage in business activities in a specific documentary evidence.
Documentary evidence, physical evidence primarily through ers inspection, inspection and detention ers of other ways collected, because the parties will not take the initiative to documentary evidence, ers physical evidence to the authorities handling the case. Investigators in gathering documentary evidence, physical evidence, it must be strictly in accordance with the law, according to legal procedures in handling cases be fixed. ers For example: In the inquest or examination to obtain documentary evidence, physical evidence, investigators should record of inspection in a comprehensive, accurate reflection of proof when, where, from whomever, for the detention of goods and documents, investigators shall, together with the presence of witnesses and detained goods holder enumeration clear spot listed "detention (Archive) property Notice" "property list" (the competent Bureau signed consent), by the investigators, witnesses and detained goods Holder Signature and stamp (if the holder refuses to sign, the seizure of state refused to sign the list of reasons), copy to the holder of a reference with the case, an archived. If you need to detain the parties mail, telegraph, subject to the approval authorities handling the consent of the competent ers leadership after the issuance of a notice of detention, to pay telecommunications sector be detained, while detained mail, telegraph and other inventoried by piece, to pay a postal service, a party, authorities handling ers the reference copy.
3, reviewing the documentary evidence, physical evidence and other evidence the relationship between the documentary ers evidence, physical evidence must compete with other evidence confirm each other in order to effectively facts of the case, if we find documentary evidence evidence and other evidence ers between the contradictions can not be subjective to explain, can not be artificially eliminate doubt, further ers investigation should be adopted to resolve conflicts.
A review ers of the sources of the testimony of witnesses, for the pro-Wen witnessed the facts of the case the witness's testimony, verified through ers other areas, you can use as direct evidence. If you have heard indirectly from a third party testimony, it should further investigate its source, to direct knowledge by check verification. If those who have direct knowledge of death or other reasons can not check, reflected only through a third party, such testimony credible by check can also be used as circumstantial evidence. As for my personal analysis of the witness or hearsay, speculation ers testimony made, it should be strictly prohibited.
1, the main audio-visual materials to identify the original, or copied, with or without editing, and forgery.
Statements of the parties and the defense include the following: First, the parties admitted to authorities handling the illegal facts, stating the specific circumstances of an offense, called the statements by the parties, such as: the parties surrender, confession, confession and prosecution of others. The second ers is to deny the parties need to recognize that they have an offense or offenses, but the description is not held liable by law or mitigating circumstances, mitigating and eliminating penalties favorable to their own situation, called the party's defense. As the parties explain their interpretation of whether the complaints and violations. Third parties in a statement that the implementation of a violation of others or implemented jointly with others, this is called reports ers of others illegal.
4, in the inquiry process, but also should be based on the merits of the developments and changes in the performance of such party's ideology, promptly take appropriate measures and methods.
8, ask the parties, first ascertain the identity of the parties, asking whether the parties have violated the law, (a) if the parties acknowledge ers that there are violations, he should be allowed to carry out illegal state the time, place, motive, purpose, method, process and outcome and other specific circumstances, as well as the persons concerned to participate in illegal activities, (2) if the parties deny illegal or though admitted violations, but there is no penalty proposed to reduce the penalties and exempt from punishment excuse, should allow the parties to justify , (3) If the testimony of the parties, the statement does not meet the objective ers facts, intended to conceal illegal or evasive, they should be asking questions ers to him to identify his statement is unclear, inadequate, the Department intended to conceal or contradictions , the parties to the inquiry investigators ers should ers be answered truthfully.
Since the parties in the investigation of cases in which the special relationship between the activities and status, as well as the results of investigation of the cases and he has a direct ers stake, and thus statements of the parties the possibility of the existence of two aspects, one of the parties in the policy and legal education under or, in the face of evidence can not hide the facts and deny the case, it may give out all or part of the real illegal facts on the other hand, the parties for a variety of motives, fear confessed after aggravating his punishment, and some exist luck, since that act sly, clever, can not easily be found and other psychological, according to the testimony of two possibilities for the parties in determining when confessions, we can not fully believe, can not blindly believe, must obtain confessions or other evidence of people evidence confirmed before use.
Second, ers the identification of the type of
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3, reviewing the production of two kinds of transcripts is legitimate, ers whether in accordance with legal procedures, transcripts compliance with legal formalities, there are no inspectors, witnesses, the parties signed or stamped.
5, collecting evidence must comply ers with the statutory procedures, administrative law enforcement agencies investigators collect evidence, only in strict accordance with legal procedures, can help to obtain realistic evidence to protect citizens' legitimate rights and interests, while our law, prohibited torture and by threat, inducement, fraud and other illicit means to collect evidence. Work in practice, ers when asked to publicize laws and regulations, require the parties to correct their attitude, and truthfully answered questions and inform the parties ers if the forgery and concealment of evidence, will be severely dealt with other practices, should be strictly and threats, inducements and other practices to distinguish .
2, the use of evidence to link the use of a comprehensive, to identify - a violation, the evidence confirmed the same in all cases, are intrinsically linked to each other to form a system of evidence. Must pay attention to the combination of evidence, should be good evidence ers in accordance with the internal laws of each to form a strong, enough to prove the true circumstances of the case proof system.


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