If the parties cannot collect evidence on their own due to objective reasons, they may apply to the people's court for investigation and collection. Article 3 During the course of litigation, if one party states facts that are unfavorable to itself, or expressly acknowledges facts that are unfavorable to itself, the other party does not need to provide evidence to prove it.
If during the process of evidence exchange, inquiry, investigation, or in written materials such as indictment, defense, statement, etc., the parties clearly admit facts that are unfavorable to themselves, the provisions of the preceding paragraph shall apply. Article 4 If a party neither admits nor denies the facts asserted by the other party that are unfavorable to it, and fails to clearly affirm or deny the facts after being stated and questioned by the adjudicator, it shall be deemed to have admitted the fact. Article 5 If a party entrusts an agent to participate in the litigation, except for matters expressly excluded in the power of attorney, the self-identification of the agent shall be deemed to be the self-identification of the party.
If the party concerned expressly denies the admission by the litigation agent at the scene, it will not be deemed as admission. Article 6 In ordinary **** consolidated litigation, self-admissions made by one or more parties to the consolidated litigation shall be effective against the party making the self-admissions.
When necessary, if one or several co-litigants make a confession and other co-litigants deny it, the confession will not be effective. If other **** co-litigants neither admit nor deny, and if they still do not express their opinions clearly after explanations and inquiries by the judges, it shall be deemed that all **** co-litigants have confessed. Article 7 If one party restricts or conditionally admits the facts claimed by the other party that are unfavorable to it, the people's court shall determine whether it constitutes self-admission based on the circumstances of the case. Article 8 The Supreme People's Court's interpretation on the application of the Civil Procedure Law of the People's Republic of China shall not apply to the facts specified in paragraph 1 of Article 96 of the Supreme People's Court.
If the self-admitted facts are inconsistent with the ascertained facts, the people's court will not recognize it. Article 9 Under any of the following circumstances, if a party withdraws his confession before the end of the court debate, the people's court shall allow it:
(1) With the consent of the other party;
( 2) The confession was made under duress or major misunderstanding.
If the people's court allows the party to revoke the confession, it shall make an oral or written ruling. Article 10 The parties do not need to provide evidence for the following facts:
(1) Natural laws, theorems and laws;
(2) Well-known facts;
(3) ) Facts presumed based on legal provisions;
(4) Another fact presumed based on known facts and rules of daily life;
(5) Facts confirmed by the effective award of the arbitration institution ;
(6) Facts recognized by the arbitration institution;
Article 11 If a party revokes its admission, it shall be ruled by the People's Court. (5) Facts confirmed by an effective arbitration award;
(6) Basic facts confirmed by a legally effective judgment of the People’s Court;
(7) Proven by an effective notarized document fact.
The facts in Items 2 to 5 of the preceding paragraph shall be excepted if the parties have contrary evidence that is sufficient to refute them; the facts in Items 6 and 7 shall be excepted if the parties have contrary evidence that is sufficient to refute them. Article 11 When parties provide evidence to the People's Court, they shall provide original documents or objects. If the original evidence needs to be preserved or the original or the original is difficult to provide, the People's Court may provide a copy or reproduction that has been verified by the People's Court to be correct. Article 12 If movable property is used as evidence, the original copy shall be submitted to the People's Court. If the original document is not suitable for transfer or preservation, the party concerned may provide a copy, image or other substitute.
After receiving the movable property submitted by the party or substitute, the people's court shall promptly notify the party to inspect it at the people's court or preservation place. Article 13 If the parties use real estate as evidence, they shall provide the people's court with image materials of the real estate.
If the people's court deems it necessary, it shall notify the parties to go to the site for inspection. Article 14 Electronic data includes the following information and electronic files:
(1) Information published on web pages, blogs, microblogs and other online platforms;
(2) Mobile phone text messages , communication information of network application services such as email, instant messaging, communication groups;
(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;
(4) Electronic documents such as documents, pictures, audios, videos, digital certificates, and computer programs;
(5) Other documents stored, processed, and transmitted in digital form that can prove the case Factual information. Article 15 If the parties use audio-visual materials as evidence, they shall provide the original carrier on which the audio-visual materials are stored.
If the party uses electronic data as evidence, the original copy shall be provided. A copy made by the producer of the electronic data that is identical to the original, or printed directly from a printout of the electronic data or other output medium capable of displaying and identifying the original electronic data. Article 16 If the official documents and evidence provided by the parties are formed outside the territory of the People's Republic of China, they must be authenticated by the notary authority of the country where they are located, or the authentication procedures stipulated in the relevant treaties concluded between the People's Republic of China and the country where they are located must be performed.
Evidence regarding identity relationships formed outside the territory of the People’s Republic of China shall be notarized by the notary public in the country where it is located, and authenticated by the embassy or consulate of the People’s Republic of China in that country, or the People’s Republic of China and the country where it is located shall perform the Certification procedures stipulated in relevant treaties concluded.
The evidence provided by the parties to the People's Court was formed in Hong Kong, Macao, and Taiwan, and relevant authentication procedures must be completed.