评论
打印
Article 69 The people's court shall verify audio-visual materials and determine after their examination in the light of other evidence in the case whether they can be taken as a basis for ascertaining the facts.
第六十九条 人民法院对视听资料，应当辨别真伪，并结合本案的其他证据，审查确定能否作为认定事实的根据。
"Article 70 All units and individuals who have knowledge of a case shall be under the obligation of giving testimony in court. Responsible heads of the relevant units shall support the witnesses to give testimony. When it is truly difficult for a witness to appear in court, he may, with the consent of the people's court, submit a written testimony."
第七十条 凡是知道案件情况的单位和个人，都有义务出庭作证。有关单位的负责人应当支持证人作证。证人确有困难不能出庭的，经人民法院许可，可以提交书面证言。
Any person who is incapable of expressing his will properly shall not give testimony.
不能正确表达意志的人，不能作证。
Article 71 The people's court shall examine the statements of the parties concerned in the light of other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.
第七十一条 人民法院对当事人的陈述，应当结合本案的其他证据，审查确定能否作为认定事实的根据。
The refusal of a party to make statements shall not prevent the people's court from ascertaining the facts of a case on the basis of other evidence.
当事人拒绝陈述的，不影响人民法院根据证据认定案件事实。
"Article 72 When the people's court deems it necessary to make an expert evaluation of a problem of a technical nature, it shall refer the problem to a department authorized5 by the law for the evaluation. "
第七十二条 人民法院对专门性问题认为需要鉴定的，应当交由法定鉴定部门鉴定；
"In the absence of such a department, the people's court shall appoint one to make the expert evaluation."
没有法定鉴定部门的，由人民法院指定的鉴定部门鉴定。
The authorized department and the experts designated by the department shall have the right to consult the case materials necessary for the evaluation and question the parties and witnesses when circumstances so require.
鉴定部门及其指定的鉴定人有权了解进行鉴定所需要的案件材料，必要时可以询问当事人、证人。
The authorized department and the experts it designated shall present a written conclusion of the evaluation duly sealed or signed by both.
鉴定部门和鉴定人应当提出书面鉴定结论，在鉴定书上签名或者盖章。
"If the evaluation is made by an expert alone, the unit to which the expert belongs shall certify his status by affixing its seal to the expert's conclusion."
鉴定人鉴定的，应当由鉴定人所在单位加盖印章，证明鉴定人身份。
"Article 73 When inspecting material evidence or a site, the inspector must produce his credentials issued by a people's court. He shall request the local grass-roots organization or the unit to which the party to the action belongs to send persons to participate in the inspection. "
第七十三条 勘验物证或者现场，勘验人必须出示人民法院的证件，并邀请当地基层组织或者当事人所在单位派人参加。
"The party concerned or an adult member of his family shall be present; their refusal to appear on the scene, however, shall not hinder the inspection. "
当事人或者当事人的成年家属应当到场，拒不到场的，不影响勘验的进行。
"Upon notification by the people's court, the relevant units and individuals shall be under the obligation of preserving the site and assisting the inspection. "
有关单位和个人根据人民法院的通知，有义务保护现场，协助勘验工作。
"The inspector shall make a written record of the circumstances and results of the inspection, which shall be duly signed or sealed by the inspector, the party concerned and the participants requested to be present."
勘验人应当将勘验情况和结果制作笔录，由勘验人、当事人和被邀参加人签名或者盖章。
"Article 74 Under circumstances where there is a likelihood that evidence may be destroyed or lost, or difficult to obtain later, the participants in the proceedings may apply to the people's court for preservation of the evidence. The people's court may also on its own initiative take measures to preserve such evidence."
第七十四条 在证据可能灭失或者以后难以取得的情况下，诉讼参加人可以向人民法院申请保全证据，人民法院也可以主动采取保全措施。
