Some Provisions of the Supreme People's Court on Evidence in Civil Litigation
Evidence of the parties
Article 1 When the plaintiff files a lawsuit in a people's court or the defendant files a counterclaim, it shall be accompanied by corresponding evidential materials that meet the conditions for prosecution.
Article 2 The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts of the other party's claims.
If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.
Article 3 The people's court shall explain to the parties the requirements and legal consequences of giving evidence, and urge them to give evidence actively, comprehensively, correctly and honestly within a reasonable period of time.
Evidence that the parties concerned cannot collect by themselves due to objective reasons may apply to the people's court for investigation and collection.
Article 4 The following tort litigation shall bear the burden of proof in accordance with the following provisions:
(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;
(2) In the tort litigation of damage caused by highly dangerous operation, the injurer shall bear the burden of proof for the fact that the victim intentionally caused damage;
(3) In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof for the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;
(4) The owner or manager shall bear the burden of proof for the tort lawsuit of the building or other facilities and the shelving, collapse, falling off or damage caused by the building;
(5) In an infringement lawsuit caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;
(6) For infringement litigation caused by defective products, the producer of the product shall bear the burden of proof for the exemption provided by law;
(7) In an infringement lawsuit that * * * causes damage to others due to the same dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;
(eight) in the tort litigation caused by medical behavior, medical institutions should bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.
Where the relevant laws have special provisions on the burden of proof in tort litigation, such provisions shall prevail.
Article 5 In a contract dispute case, the party who claims that the contract relationship is established and effective shall bear the burden of proof for the fact that the contract is established and effective; The party who advocates the alteration, dissolution, termination or dissolution of the contractual relationship shall bear the burden of proof for the facts that caused the alteration of the contractual relationship.
In case of disputes arising from the performance of the contract, the party who has the obligation to perform shall bear the burden of proof.
In case of any dispute over agency right, the party claiming agency right shall bear the burden of proof.
Article 6 In a labor dispute case, if a labor dispute occurs due to the decision of the employer to dismiss, remove from the list, dismiss, terminate the labor contract, reduce the labor remuneration, and calculate the working years of the laborer, the employer shall bear the burden of proof.
Article 7 When there are no specific provisions in the law and the burden of proof cannot be determined according to these provisions and other judicial interpretations, the people's court may determine the burden of proof based on the principles of fairness, good faith and comprehensive consideration of the parties' ability to provide evidence.
Article 8 In the course of litigation, if one party explicitly admits the facts of the case stated by the other party, the other party need not provide evidence. Except for cases involving identity relations.
If the facts stated by one party have not been recognized or denied by the other party, but have not been clearly affirmed or denied after full explanation and inquiry by the judges, it shall be regarded as recognition of the facts.
If a party entrusts an agent to participate in the litigation, the recognition of the agent shall be regarded as the recognition of the party. Except for the fact that the recognition of facts by an agent without special authorization directly leads to the recognition of the other party's claim; If a party is present but does not deny the approval of its agent, it shall be deemed as the approval of that party.
If a party withdraws his recognition and obtains the consent of the other party before the end of the court debate, or there is sufficient evidence to prove that his recognition was made under coercion or major misunderstanding, which is inconsistent with the facts, the burden of proof of the other party cannot be exempted.
Article 9 The parties need not provide evidence to prove the following facts:
(1) Well-known facts;
(2) Natural laws and theorems;
(3) Other facts that can be inferred according to laws or known facts and rules of daily life experience;
(four) the facts confirmed by the legally effective judgment of the people's court;
(five) the facts confirmed by the arbitration institution's effective award;
(6) Facts proved by valid notarial documents.
Items (1), (3), (4), (5) and (6) of the preceding paragraph, unless the parties have evidence to the contrary that can be refuted.
Article 10 When providing evidence to a people's court, a party shall provide the original or the original. If it is necessary to preserve the original and original evidence or it is really difficult to provide the original and original evidence, a copy or duplicate verified by the people's court may be provided.
Article 11 The evidence provided by the parties to the people's court is formed outside the territory of People's Republic of China (PRC), and shall be authenticated by the notary office of the host country, and by the embassies and consulates of People's Republic of China (PRC) and China in that country, or perform the authentication procedures stipulated in the relevant treaties concluded between People's Republic of China (PRC) and the host country.
The evidence provided by the parties to the people's court was formed in Hongkong, Macao and Taiwan Province Province, and the relevant certification procedures shall be performed.
Article 12 Where a party provides documentary evidence or explanatory materials in a foreign language to a people's court, it shall be accompanied by a Chinese translation.
Article 13 The people's court may order the parties to provide relevant evidence for the fact that there is no dispute between the two parties, but it involves national interests, social public interests or the legitimate rights and interests of others.
Article 14 The parties shall classify and number the submitted evidence materials one by one, briefly explain the sources, objects and contents of the evidence materials, sign and seal them, indicate the date of submission, and submit copies according to the number of other parties.
When the people's court receives the evidential materials submitted by the parties, it shall issue a receipt indicating the name, number of copies, number of pages and time of receipt of the evidence, and the person in charge shall sign or seal it.
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