(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.
Second, the people's courts investigate and collect evidence.
Article 15 The evidence that the people's court considers necessary for hearing a case as stipulated in Article 64 of the Civil Procedure Law refers to the following situations:
(1) Facts that may harm the national interests, social public interests or the legitimate rights and interests of others;
(two) involving the addition of parties ex officio, suspension of litigation, termination of litigation, withdrawal of litigation and other procedural matters unrelated to substantive disputes.
Article 16 Except under the circumstances stipulated in Article 15 of these Provisions, the people's court shall investigate and collect evidence at the request of the parties.
Seventeenth meet one of the following conditions, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence:
(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court according to its functions and powers;
(two) materials involving state secrets, commercial secrets and personal privacy;
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
Eighteenth parties and their agents ad litem shall submit a written application to the people's court for investigation and evidence collection. The application shall state the name, unit name, domicile and other basic information of the person under investigation, the contents of evidence to be investigated and collected, the reasons to be investigated and collected by the people's court and the facts to be proved.
Article 19 the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence seven days before the expiration of the time limit for adducing evidence.
When the people's court rejects the application of the parties and their agents ad litem, it shall serve a notice on the parties and their agents ad litem. The parties and their agents ad litem may, within three days from the day after receiving the notice, apply in writing to the people's court that accepted the application for reconsideration. The people's court shall make a reply within five days from the date of receiving the application for reconsideration.
Article 20 Documentary evidence collected by investigators may be originals, or copies or reproductions that have been verified. If it is a copy or reproduction, the source and evidence collection shall be explained in the investigation record.
Article 21 The physical evidence collected by investigators shall be original. If it is really difficult for the respondent to provide the original, it may provide copies or photos. If photocopies or photos are provided, the evidence collection shall be explained in the investigation record.
Twenty-second investigators in the investigation and collection of computer data or audio-visual materials, etc., should require the respondents to provide the original carrier of relevant information. If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the investigator shall explain its source and production process in the investigation record.
Article 23 A party shall, in accordance with the provisions of Article 74 of the Civil Procedure Law, apply to the people's court for evidence preservation not later than seven days before the expiration of the time limit for adducing evidence.
If the parties apply for evidence preservation, the people's court may require them to provide corresponding guarantees.
Where laws and judicial interpretations provide for the preservation of evidence before litigation, such provisions shall prevail.
Article 24 In preserving evidence, the people's court may, according to the specific circumstances, adopt methods such as sealing up, detaining, taking photos, recording, video recording, copying, identifying, conducting an inquest, and making transcripts.
When preserving evidence, the people's court may require the parties or agents ad litem to be present.
Twenty-fifth parties to apply for identification, should be put forward within the time limit for proof. In accordance with the provisions of the provisions of article twenty-seventh, unless the parties apply for re identification.
If a party who bears the burden of proof for matters that need to be appraised fails to apply for appraisal or pay appraisal fees in advance or refuses to provide relevant materials within the time limit specified by the people's court without justifiable reasons, so that the disputed facts of the case cannot be identified through the appraisal conclusion, it shall bear the legal consequences of being unable to prove the facts.
Twenty-sixth parties to apply for appraisal after the consent of the people's court, the two sides should negotiate to determine the appraisal institutions and appraisers with appraisal qualifications. If negotiation fails, it shall be designated by the people's court.
Twenty-seventh parties have objections to the appraisal conclusion made by the appraisal department entrusted by the people's court, apply for re-appraisal, and provide evidence to prove that one of the following circumstances, the people's court shall allow it:
(a) the appraisal institution or appraiser does not have the relevant appraisal qualifications;
(2) The appraisal procedure is seriously illegal;
(3) The evidence of the appraisal conclusion is obviously insufficient;
(4) Other circumstances that cannot be used as evidence after cross-examination.
If the conclusion of defect appraisal can be solved by supplementary appraisal, re-appraisal or supplementary cross-examination, it will not be re-appraised.
Article 28 If one party entrusts the relevant department to make an appraisal conclusion, and the other party has sufficient evidence to refute and apply for re-appraisal, the people's court shall allow it.
Article 29 A judge shall examine whether the appraisal certificate issued by an appraiser contains the following contents: (1) the name of the client and the contents of the entrusted appraisal;
(2) Materials entrusted for evaluation;
(three) the basis of identification and the scientific and technological means adopted;
(4) Description of the evaluation process;
(5) A clear appraisal conclusion;
(6) A description of the qualifications of the appraisers;
(seven) the signature and seal of the appraiser and the appraisal institution.
Article 30 The people's court shall record the time and place of inspection, the inspectors, the people present, the process and results of inspection, which shall be signed or sealed by the inspectors and the people present. For the site map drawn, the time, direction, name and identity of the surveyor shall be indicated.
Thirty-first excerpts of documents and materials related to the facts of the case produced by the relevant units shall indicate the source and affix the seal of the production unit or the storage unit, and the excerpter and other investigators shall sign or seal the excerpts.
The extracted documents and materials shall keep the corresponding integrity of the content and shall not be taken out of context.
Third, the time limit for proof and evidence exchange.
Article 32 The defendant shall submit a statement of defense before the expiration of the defense period, stating his opinions on the plaintiff's claim and the facts and reasons on which it is based.
Article 33 The people's court shall serve the parties with the Notice of Case Acceptance and the Notice of Respondent. The notice of proof shall specify the distribution principle and requirements of the burden of proof, the circumstances in which an application can be made to the people's court for investigation and evidence collection, the time limit for proof specified by the people's court according to the circumstances of the case, and the legal consequences of providing evidence beyond the time limit.
The time limit for adducing evidence may be agreed upon by the parties through consultation and approved by the people's court.
If the people's court has provisions on the time limit for adducing evidence, it shall not be less than 30 days from the day after the party receives the notice of accepting the case and the notice of responding to the lawsuit.
Article 34 The parties shall submit evidence materials to the people's court within the time limit for adducing evidence. If the party fails to provide evidence within the time limit, it shall be deemed as giving up the right to provide evidence.
The people's court shall not organize cross-examination of the evidence materials submitted by the parties within the time limit. Unless the other party agrees to cross-examine.
If a party increases or changes a claim or files a counterclaim, it shall file it before the expiration of the time limit for adducing evidence.
Article 35 In the course of litigation, if the nature of the legal relationship or the effectiveness of the civil act advocated by the parties is inconsistent with the determination made by the people's court according to the facts of the case, it shall not be restricted by the provisions of Article 34 of these Provisions, and the people's court shall inform the parties that they can change the litigation request.
If a party changes his claim, the people's court shall re-specify the time limit for adducing evidence.
Article 36 If it is really difficult for a party to submit evidence materials within the time limit for adducing evidence, it shall apply to the people's court for an extension of adducing evidence within the time limit for adducing evidence. With the permission of the people's court, the time limit for adducing evidence may be appropriately extended. If it is still difficult for the parties to submit evidence materials within the extended time limit for adducing evidence, they may apply for an extension again, and whether or not to grant it shall be decided by the people's court.
Article 37 Upon the application of the parties, the people's court may organize the parties to exchange evidence before the court session.
For cases with more evidence or complicated problems, the people's court shall organize the parties to exchange evidence after the expiration of the defense period and before the court session.
Article 38 The time for exchanging evidence may be agreed upon by the parties through consultation and approved by the people's court, or may be designated by the people's court.
If the people's court organizes the parties to exchange evidence, the time limit for adducing evidence shall be the date of exchange of evidence. If the parties concerned apply for an extension of proof with the permission of the people's court, the date of exchange of evidence shall be postponed accordingly.
Article 39 The exchange of evidence shall be conducted under the auspices of a judge.
In the process of evidence exchange, the facts and evidence that the judge has no objection to the parties shall be recorded in the volume; The evidence with objection shall be classified and recorded in the volume according to the facts that need to be proved, and the reasons for objection shall be recorded. Through the exchange of evidence, determine the main issues of dispute between the two sides.
Article 40 If the parties refute the evidence exchanged by the other party and present new evidence, the people's court shall notify the parties to exchange it at a specified time.
The exchange of evidence is generally not more than two times. However, in major, difficult and particularly complicated cases, unless the people's court deems it necessary to exchange evidence again.