Several Provisions on Evidence in Civil Litigation in 2017
The Supreme People's Court recently issued an announcement stating that the "Several Provisions on Evidence in Civil Litigation by the Supreme People's Court" were issued by the Supreme People's Court on December 6. Adopted at the 1201st meeting of the Judicial Committee of the People's Court, it came into effect on April 1, 2002. Below are some regulations on evidence in civil litigation in 2017 that I have compiled. Welcome everyone to read!
Several regulations on evidence in civil litigation in 2017
In order to ensure that the people’s court correctly determines the facts of the case and is fair , hear civil cases in a timely manner, ensure and facilitate the parties to exercise their litigation rights in accordance with the law, and in accordance with the provisions of the "Civil Procedure Law of the People's Republic of China" (hereinafter referred to as the "Civil Procedure Law") and other relevant laws, combined with civil trial experience and actual conditions , formulate these regulations.
1. Evidence provided by the parties
Article 1 When the plaintiff files a lawsuit in the People's Court or the defendant files a counterclaim, it shall be accompanied by corresponding evidence materials that meet the conditions for prosecution.
Article 2 The parties concerned are responsible for providing evidence to prove the facts on which they base their own claims or the facts on which they refute the other party’s claims.
If there is no evidence or the evidence is insufficient to prove the factual claims of the parties, the party who bears the burden of proof shall bear the adverse consequences.
Article 3 The people's court shall explain to the parties the requirements for producing evidence and the legal consequences, and encourage the parties to actively, comprehensively, correctly and honestly complete the production of evidence within a reasonable period of time.
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 4 The following infringement lawsuits bear the burden of proof in accordance with the following provisions:
(1) Patent infringement lawsuits arising from invention patents for new product manufacturing methods shall be filed by the unit that manufactures the same product or Individuals bear the burden of proof that the manufacturing method of their products is different from the patented method;
(2) In tort litigation where highly dangerous operations cause harm to persons, the infringer shall bear the burden of proof for the fact that the victim intentionally caused damage;
(3) In a lawsuit for damages caused by environmental pollution, the infringer shall bear the burden of proof for the reasons for exemption specified in the law and the absence of a causal relationship between his behavior and the damage results;
(4) In tort lawsuits where buildings or other facilities, as well as objects placed or suspended on buildings collapse, fall off, or fall, causing damage to persons, the owner or manager shall bear the burden of proof that he or she is not at fault;
(5) In a tort lawsuit involving harm caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or that a third party is at fault;
(6) Causes of harm due to defective products In tort lawsuits involving personal injury, the producer of the product shall bear the burden of proof for the exemption reasons stipulated in the law;
(7) In tort lawsuits involving personal injury caused by the same dangerous behavior, the manufacturer of the product shall bear the burden of proof against the person who committed the dangerous act. The person bears the burden of proof that there is no causal relationship between his behavior and the damage results;
(8) In tort litigation caused by medical behavior, the medical institution shall prove that there is no causal relationship between the medical behavior and the damage results. and bear the burden of proof that there is no medical negligence.
If relevant laws have special provisions on the burden of proof in infringement litigation, those provisions shall prevail.
Article 5 In contract dispute cases, the party claiming that the contractual relationship is established and effective shall bear the burden of proof for the fact that the contract was concluded and effective; the party claiming that the contractual relationship is modified, terminated, terminated, or revoked shall bear the burden of proof for The burden of proof is on the facts that cause changes in the contractual relationship.
If a dispute arises over whether the contract has been performed, the party with the obligation to perform shall bear the burden of proof.
If a dispute arises over the right of agency, the party claiming the right of agency shall bear the burden of proof.
Article 6 In labor dispute cases, if a labor dispute occurs due to the employer’s decision to fire, remove, dismiss, terminate the labor contract, reduce labor remuneration, calculate the employee’s working life, etc., the employer shall The unit bears the burden of proof.
Article 7 When there are no specific provisions in the law and the burden of proof cannot be determined in accordance with these provisions and other judicial interpretations, the People's Court may determine the burden of proof based on the principles of fairness and good faith, taking into account factors such as the parties' ability to produce evidence, etc. commitment.
Article 8 During the litigation process, if one party clearly acknowledges the facts of the case stated by the other party, the other party does not need to provide evidence. However, cases involving identity relationships are excluded.
If the other party neither admits nor denies the facts stated by one party, and after full explanation and questioning by the adjudicator, he still does not clearly affirm or deny the fact, it shall be deemed that the fact has been affirmed or denied. recognition.
If a party entrusts an agent to participate in the litigation, the agent's admission shall be deemed as the party's admission. However, this is excepted if the admission of facts by an agent without special authorization directly leads to the admission of the other party's claim; if the party is present but does not deny the admission of his agent, it shall be deemed to be an admission by the party.
If a party withdraws its admission before the end of the court debate and obtains the consent of the other party, or there is sufficient evidence to prove that its admission was made under duress or major misunderstanding and is inconsistent with the facts, the other party cannot be exempted. Burden of proof.
Article 9 Parties do not need to provide evidence to prove the following facts
(1) Well-known facts;
(2) Natural laws and theorems;
(3) Another fact that can be inferred based on legal provisions or known facts and daily experience rules;
(4) Facts that have been confirmed by a legally effective judgment of the People's Court;
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(5) Facts that have been confirmed by the effective award of the arbitration institution;
(6) Facts that have been proven by valid notarized documents.
Items (1), (3), (4), (5), and (6) of the preceding paragraph are excepted if the party concerned has contrary evidence that is sufficient to overturn it.
Article 10: When providing evidence to the People’s Court, parties shall provide original documents or objects. If you need to keep the original evidence or objects yourself or if you have real difficulty in providing the originals or objects, you can provide a copy or reproduction that has been verified by the People's Court as being indistinguishable.
Article 11 If the evidence provided by the parties to the People’s Court was formed outside the territory of the People’s Republic of China and the People’s Republic of China, the evidence must be certified by the notary authority of the country where it is located and approved by the People’s Republic of China and the People’s Republic of China. The embassy or consulate stationed in the country shall authenticate or perform the certification procedures stipulated in the relevant treaty between the People's Republic of China and the country where it is located.
The evidence provided by the parties to the People's Court was formed in Hong Kong, Macao, and Taiwan, and relevant certification procedures must be completed.
Article 12 When a party provides foreign documentary evidence or foreign language explanatory materials to the 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 over facts that are not disputed by the parties but involve national interests, social public interests or the legitimate rights and interests of others.
Article 14 The parties shall classify and number the evidence materials they submit one by one, briefly explain the source, object of proof and content of the evidence materials, sign and stamp the date of submission, and submit copies according to the number of parties to the other party. .
When the people's court receives evidence materials submitted by the parties, it shall issue a receipt indicating the name, number of copies and pages of the evidence as well as the time of receipt, and the receipt shall be signed or sealed by the handling personnel.
2. Investigation and collection of evidence by the People’s Court
Article 15 “Evidence deemed necessary by the People’s Court to hear the case” as stipulated in Article 64 of the Civil Procedure Law refers to The following circumstances:
(1) Involving facts that may be harmful to national interests, social public interests or the legitimate rights and interests of others;
(2) Involving the addition of parties or suspension ex officio Litigation, termination of litigation, avoidance and other procedural matters unrelated to the substantive dispute.
Article 16 Except for the circumstances specified in Article 15 of these Provisions, the People's Court shall investigate and collect evidence at the request of the parties concerned.
Article 17 If one of the following conditions is met, the parties and their litigation agents may apply to the People’s Court for investigation and collection of evidence:
(1) The evidence applied for investigation and collection is relevant to the state Archival materials kept by departments and required to be retrieved by the People's Court ex officio;
(2) Materials involving state secrets, commercial secrets, and personal privacy;
(3) Parties and their litigation Other materials that the agent cannot collect on its own due to objective reasons.
Article 18 If a party and its litigation agent apply to the People's Court for investigation and collection of evidence, they shall submit a written application. The application shall state the name of the person under investigation or the name of the unit, address and other basic information, the content of the evidence to be investigated and collected, the reasons for the investigation and collection of evidence by the people's court and the facts to be proved.
Article 19 The parties and their litigation agents may apply to the People’s Court for investigation and collection of evidence no later than seven days before the expiration of the time limit for producing evidence.
If the people's court disapproves the application of the party or his agent ad litem, it shall serve a notice on the party or his agent ad litem. The parties and their litigation agents may apply in writing to the people's court that accepted the application for reconsideration within three days from the day after receiving the notice. The people's court shall respond within five days from the date of receipt of the reconsideration application.
Article 20 The documentary evidence collected by investigators may be originals or verified copies or copies. If it is a copy or reproduction, the source and evidence collection situation shall be explained in the investigation transcript.
Article 21 The physical evidence collected by investigators should be original. If the respondent has difficulty in providing the original, he may provide a copy or photo. Those who provide copies or photos should explain the evidence collection in the investigation transcript.
Article 22 Investigators who investigate and collect computer data or audio-visual materials such as audio and video recordings shall require the person under investigation to provide the original carrier of the relevant materials. If it is difficult to provide the original carrier, a copy can be provided. The investigator who provides the copy shall explain its source and production process in the investigation transcript.
Article 23: A party concerned shall apply to the People’s Court for the preservation of evidence in accordance with Article 74 of the Civil Procedure Law, no later than seven days before the expiration of the time limit for producing evidence.
If a party applies for evidence preservation, the people's court may require it to provide corresponding guarantees.
If laws and judicial interpretations stipulate that evidence should be preserved before litigation, such provisions shall be followed.
Article 24: When conducting evidence preservation, the People's Court may adopt methods such as sealing, detaining, photographing, recording, videotaping, copying, appraisal, inspection, and making transcripts according to specific circumstances.
When the People's Court conducts evidence preservation, it may require the parties or litigation agents to be present.
Article 25 The parties concerned shall apply for identification within the time limit for producing evidence. The circumstances stipulated in Article 27 of these Provisions are met, except where the party concerned applies for re-appraisal.
A party who bears the burden of proof for matters requiring appraisal fails to file an application for appraisal within the time limit specified by the people's court without justifiable reasons, fails to pay appraisal fees in advance, or refuses to provide relevant materials, resulting in disputes over the case. If the facts cannot be determined through appraisal conclusions, the legal consequences of inability to prove the facts shall be borne.
Article 26 After the parties apply for appraisal and are approved by the People's Court, the two parties shall negotiate to determine an appraisal agency with appraisal qualifications. If the appraisal fails, the People's Court shall designate the appraisal personnel.
Article 27 If a party has objections to the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for re-appraisal, the people's court shall grant the request if evidence is provided to prove that one of the following circumstances exists
(1) The appraisal institution or appraiser does not have relevant appraisal qualifications;
(2) The appraisal procedure is seriously illegal;
(3) The appraisal conclusion is obviously insufficiently based;
(4) Other circumstances in which it is determined through cross-examination that the evidence cannot be used as evidence.
If a defective identification conclusion can be resolved through supplementary identification, re-cross-examination or supplementary cross-examination, re-identification will not be allowed.
Article 28 If one party has entrusted the relevant department to make an appraisal conclusion on its own initiative and the other party has sufficient evidence to refute it and applies for re-authentication, the people's court shall allow it.
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(2) Materials commissioned for appraisal;
(3) Basis for appraisal and scientific and technical means used;
(4) Description of the appraisal process;
(5) Clear appraisal conclusion;
(6) Explanation of the appraisal qualifications of the appraiser;
(7) Signature and seal of the appraiser and the appraisal institution .
Article 30: When a people's court inspects physical evidence or a scene, it shall make a record to record the time, place, inspector, and people present, the process of the inspection, and the results of the inspection. signature or seal. The drawn on-site map should indicate the time, location, name and identity of the surveyor, etc.
Article 31 Excerpts from documents and materials related to case facts produced by relevant units shall indicate the source and be stamped with the seal of the production unit or the custodian unit. The extractor and other investigators shall be included in the extract. Sign or stamp.
Extracted documents and materials should maintain the integrity of the content and should not be taken out of context.
3. Time limit for producing evidence and exchange of evidence
Article 32 The defendant shall submit a written defense before the expiration of the defense period, stating its claim against the plaintiff and the facts and reasons on which it is based. opinions.
Article 33 The people's court shall serve the notice of proof to the parties at the same time as the notice of case acceptance and the notice of response. The notice of production of evidence shall specify the principles and requirements for the distribution of the burden of proof, the circumstances under which an application may be made to the People's Court for investigation and evidence collection, the time limit for production of evidence designated by the People's Court based on the circumstances of the case, and the legal consequences of overdue evidence provision.
The time limit for producing evidence can be agreed upon by the parties and approved by the People’s Court.
If the people's court specifies a time limit for producing evidence, the specified time limit shall not be less than thirty days, and shall be calculated from the day after the parties receive the notice of case acceptance and the notice of response.
Article 34 The parties concerned shall submit evidence materials to the People’s Court within the time limit for producing evidence. If the party fails to submit it within the time limit for producing evidence, the party shall be deemed to have given up the right to produce evidence.
For evidence materials submitted by the parties overdue, the People’s Court will not organize cross-examination during the trial. This is except where the other party agrees to cross-examination.
If a party adds or changes a claim or files a counterclaim, it must do so before the expiration of the time limit for producing evidence.
Article 35 During the litigation process, if the nature of the legal relationship or the effectiveness of the civil act claimed by the parties is inconsistent with the determination made by the People's Court based on the facts of the case, the provisions of Article 34 of these Provisions shall not apply The people's court shall inform the parties that the litigation claims can be changed.
If a party changes its claim, the people's court shall re-specify the time limit for producing evidence.
Article 36 If a party has difficulty in submitting evidence materials within the time limit for producing evidence, he or she shall apply to the People's Court for an extension of time for producing evidence within the time limit for producing evidence. The time limit for producing evidence may be appropriately extended with the approval of the People's Court. If the party concerned still has difficulty in submitting evidence materials within the extended time limit for producing evidence, he or she may apply for an extension again and the People's Court will decide whether it is allowed.
Article 37 Upon application by the parties, the People's Court may organize the parties to exchange evidence before the trial.
For cases with a large amount of evidence or that are complex and difficult, the People's Court shall organize the parties to exchange evidence after the expiration of the defense period and before the trial.
Article 38 The time for exchanging evidence may be agreed upon by the parties 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 producing evidence shall expire on the date of exchange of evidence. If a party applies for an extension to produce evidence and is approved by the People's Court, the evidence exchange date will be postponed accordingly.
Article 39 The exchange of evidence shall be conducted under the auspices of the judges.
During the exchange of evidence, the judges should record in the file the facts and evidence that the parties have no objection to; the evidence with which they have objections should be recorded in the file according to the classification of the facts that need to be proved and the reasons for the objection should be recorded. Determine the main issues in dispute between the two parties through the exchange of evidence.
Article 40: If a party rebuts and submits new evidence after receiving the evidence exchanged by the other party, the people's court shall notify the party to conduct the exchange at a designated time.
Evidence is generally exchanged no more than twice. However, for major, difficult and particularly complicated cases, exceptions will be made where the people's court deems it necessary to exchange evidence again.
Article 41 "New evidence" stipulated in Paragraph 1 of Article 125 of the Civil Procedure Law refers to the following situations:
(1) New evidence in the first-instance procedure includes: evidence newly discovered by the party after the expiration of the time limit for producing evidence in the first instance; evidence that the party was unable to provide within the time limit for producing evidence due to objective reasons and cannot be provided within the extended time limit with the permission of the people's court.
(2) New evidence in the second instance procedure includes: newly discovered evidence after the end of the first instance trial; the party concerned applied for investigation and evidence collection by the People's Court before the expiration of the first instance period but was not allowed, and the second instance court deems it necessary after review. Evidence obtained with permission and at the request of the parties concerned.
Article 42 If a party provides new evidence in the first-instance procedure, it shall be submitted before the first-instance hearing or during the hearing.
If a party provides new evidence in the second instance procedure, it shall be submitted before or during the second instance; if the second instance does not require a hearing, it shall be submitted within the time limit designated by the People's Court.
Article 43 If the evidence provided by a party after the expiration of the time limit for producing evidence is not new evidence, the People’s Court will not accept it.
If a party is allowed by the People's Court to postpone the production of evidence but fails to provide it within the permitted time limit due to objective reasons, and failure to review the evidence may lead to an obviously unfair judgment, the evidence provided may be regarded as new evidence.
Article 44 "New evidence" stipulated in Item (1) of Article 179, Paragraph 1, of the Civil Procedure Law refers to evidence newly discovered after the end of the original trial. .
If a party provides new evidence during the retrial procedure, it shall be submitted when applying for retrial.
Article 45: If one party submits new evidence, the people's court shall notify the other party to submit opinions or provide evidence within a reasonable period.
Article 46 If the parties fail to produce evidence within the designated time limit due to reasons of the parties involved, resulting in the case being remanded for retrial or revised by the people's court during the second instance or retrial due to the introduction of new evidence, the original judgment shall not be considered as Misjudged cases. If one party requests that the other party submit new evidence bear the resulting reasonable expenses such as travel, missed work, witnesses appearing in court to testify, litigation, etc., as well as the resulting enlarged direct losses, the People's Court shall support the request.
IV. Cross-examination
Article 47 Evidence shall be presented in court and cross-examined by the parties.
Evidence that has not been cross-examined cannot be used as a basis for determining the facts of the case.
The evidence recognized by the parties during the evidence exchange process and recorded in the file can be used as the basis for determining the facts of the case after the judge explains it during the trial.
Article 48: Evidence involving state secrets, commercial secrets, personal privacy or other evidence that should be kept confidential as prescribed by law shall not be publicly cross-examined during court sessions.
Article 49 When cross-examining documentary evidence, physical evidence, and audio-visual materials, the parties have the right to require the production of the original copy or original object of the evidence. Except for one of the following circumstances:
(1) It is really difficult to produce the original document or object and the people's court permits the production of a copy or reproduction;
(2) The original document or object no longer exists, but there is evidence to prove that the copy or replica is consistent with the original document or object.
Article 50 During cross-examination, the parties shall focus on the authenticity, relevance and legality of the evidence, and question, explain and refute the evidence’s probative power and its probative power.
Article 51 Cross-examination shall be conducted in the following order
(1) The plaintiff shall present evidence and the defendant and the third party shall cross-examine the plaintiff;
(2) The defendant presents evidence and the plaintiff and the third party cross-examine with the defendant;
(3) The third party presents evidence and the plaintiff, the defendant and the third party cross-examine.
The evidence collected by the People’s Court upon investigation based on the application of the parties shall be used as the evidence provided by the party making the application.
The evidence collected by the people's court through investigation and investigation in accordance with its powers shall be presented at the court hearing, the opinions of the parties shall be heard, and the circumstances of the investigation and collection of the evidence may be explained.
Article 52: Parties to a case with more than two independent claims may present evidence one by one for cross-examination.
Article 53: A person who cannot express his will correctly cannot serve as a witness.
Persons without capacity for civil conduct or persons with limited capacity for civil conduct who have facts to be proved that are commensurate with their age, intelligence or mental health may serve as witnesses.
Article 54 A party concerned’s application for a witness to appear in court to testify shall be submitted ten days before the expiration of the time limit for producing evidence, and shall be approved by the People’s Court.
If the people's court approves the party's application, it shall notify the witness to appear in court to testify before the trial, and inform him or her of the legal consequences of testifying truthfully and of perjury.
The reasonable expenses incurred by witnesses in appearing to testify shall be paid in advance by the party providing the witness and shall be borne by the losing party.
Article 55 Witnesses shall appear in court to testify and accept questioning from the parties.
Witnesses who present their testimony when the People's Court organizes the exchange of evidence between the two parties may be regarded as testifying in court.
Article 56 "The witness is unable to appear in court due to genuine difficulties" as stipulated in Article 70 of the Civil Procedure Law refers to the following circumstances:
(1) Old age and infirmity Those who are weak or have limited mobility and are unable to appear in court;
(2) Those who are in special positions that cannot leave;
(3) Those who are extremely far away and have difficulty in appearing in court due to inconvenient transportation;
(4) Failure to appear in court due to force majeure such as natural disasters;
(5) Other special circumstances in which the court cannot appear in court.
In the case of the preceding paragraph, with the permission of the People's Court, witnesses may submit written testimony or audio-visual materials or testify through two-way audio-visual transmission technology.
Article 57: Witnesses who testify in court shall objectively state the facts they personally perceive. If a witness is deaf-mute, he may testify in other ways of expression.
When testifying, witnesses shall not use speculation, inference or commentary language.
Article 58: Judges and parties may question witnesses. Witnesses are not allowed to observe court proceedings; other witnesses are not allowed to be present when questioning witnesses. The People's Court may allow witnesses to cross-examine if it deems it necessary.
Article 59 The appraiser shall appear in court to accept questioning from the parties.
If the appraiser is indeed unable to appear in court due to special reasons, he may reply in writing to the party's inquiry with the permission of the People's Court.
Article 60 With the permission of the court, the parties may ask questions to witnesses, appraisers, and examiners.
When questioning witnesses, appraisers, and surveyors, they must not use words or methods that threaten, insult, or inappropriately guide witnesses.
Article 61 The parties may apply to the People’s Court for one or two persons with specialized knowledge to appear in court to explain the specialized issues of the case. If the People's Court approves the application, the relevant fees shall be borne by the party making the application.
Judges and parties may question persons with specialized knowledge who appear in court.
With the permission of the People's Court, personnel with specialized knowledge applied by the parties may conduct confrontations on issues in the case.
Personnel with specialized knowledge can question the appraiser.
Article 62 The court shall record the cross-examination of the parties in the transcript, and the parties shall sign or seal it after verification.
5. Review and determination of evidence
Article 63 The people’s court shall make a judgment in accordance with the law based on the facts of the case that can be proved by the evidence.
Article 64: Judges shall comprehensively and objectively review the evidence in accordance with legal procedures, follow the provisions of the law, follow the professional ethics of judges, use logical reasoning and daily life experience, and evaluate whether the evidence is probative and Make independent judgments on the strength of proof and disclose the reasons and results of the judgment.
Article 65: Judges may review and determine a single piece of evidence from the following aspects
(1) Whether the evidence is the original, a copy of the original, a replica and the original, or the original Whether it is consistent;
(2) Whether the evidence is relevant to the facts of the case;
(3) Whether the form and source of the evidence comply with legal requirements;
(4) Whether the content of the evidence is true;
(5) Whether the witness or the person providing the evidence has an interest in the party concerned.
Article 66: Judges shall conduct a comprehensive review and judgment of all evidence in a case based on the degree of correlation between each piece of evidence and the facts of the case, and the connection between each piece of evidence.
Article 67 In litigation, the recognition of the facts of the case involved in the compromise made by the parties for the purpose of reaching a mediation agreement or settlement shall not be used as evidence against them in subsequent litigation.
Article 68: Evidence obtained by infringing upon the legitimate rights and interests of others or violating prohibitive provisions of the law cannot be used as a basis for determining the facts of the case.
Article 69 The following evidence cannot alone be used as a basis for determining the facts of the case
(1) Testimony given by a minor that is not commensurate with his age and mental status;
(2) Testimony issued by a witness who has an interest in one party or its agent;
(3) Audio-visual materials that raise doubts;
(4) Copies and reproductions that cannot be verified with the original documents and objects;
(5) Testimonies of witnesses who did not appear in court to testify without justifiable reasons.
Article 70: If the following evidence submitted by one party is objected by the other party but there is no contrary evidence sufficient to refute it, the people's court shall confirm its probative value:
(1) Documentary evidence The original or a copy, photo, copy, or excerpt that is verified to be correct with the original documentary evidence;
(2) The original physical evidence or a copy, photo, video, etc. that is verified to be correct with the original physical evidence;
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(3) Audio-visual materials that are supported by other evidence and obtained by legal means and are beyond doubt, or copies that are verified to be correct with the audio-visual materials;
(4) One party applies to the People’s Court for Inspection records of physical evidence or scenes produced through legal procedures.
Article 71 If the parties concerned do not have sufficient contrary evidence and reasons to refute the appraisal conclusion entrusted by the appraisal department entrusted by the people's court, its probative force may be determined.
Article 72 If the evidence submitted by one party is not refuted by the other party or the contrary evidence submitted by the other party is insufficient, the people's court may confirm its probative force.
If the other party objects to the evidence presented by one party and submits rebuttal evidence, and the other party accepts the rebuttal evidence, the probative force of the rebuttal evidence can be confirmed.
Article 73: If both parties have separately cited contrary evidence on the same fact, but neither party has sufficient basis to deny the other party’s evidence, the people’s court shall determine whether the probative force of the evidence provided by one party is obvious based on the circumstances of the case. is greater than the probative force of the evidence provided by the other party, and the evidence with greater probative force shall be confirmed.
If it is difficult to determine the facts in dispute because the probative force of the evidence cannot be judged, the people's court shall make a ruling based on the rules for allocating the burden of proof.
Article 74 During the litigation process, the People’s Court shall confirm the facts that are unfavorable to itself and the evidence recognized by the parties in the complaint, defense, statements and statements of their authorized agents. ?Except where the party regrets and has contrary evidence sufficient to overturn the decision.
Article 75 Is there evidence that one party refuses to provide the evidence without justifiable reasons? If the other party claims that the content of the evidence is not conducive to the holder of the evidence, it can be presumed that the claim is established.
Article 76: The parties will not support their claims if they are based solely on their own statements and cannot provide other relevant evidence. Except where approved by the other party.
Article 77: Can the People’s Court determine the probative power of several pieces of evidence for the same fact in accordance with the following principles?
(1) Official documents produced by state agencies and social groups in accordance with their powers The probative power of documentary evidence is generally greater than that of other documentary evidence;
(2) The probative power of physical evidence, files, appraisal conclusions, inspection records, or notarized and registered documentary evidence is generally greater than that of other documentary evidence, audio-visual materials and witness testimony;
(3) The probative power of original evidence is generally greater than that of transmitted evidence;
(4) The probative power of direct evidence is generally greater than indirect evidence;
(5 ) Testimony provided by a witness that is beneficial to a party with whom he or she is related or has other close relationships? Its probative power is generally less than that of other witnesses.
Article 78 When the people's court recognizes a witness's testimony, it may make a judgment through a comprehensive analysis of the witness's intellectual status, moral character, knowledge, experience, legal awareness and professional skills.
Article 79: The People’s Court shall state in the judgment document the reasons for whether to accept evidence.
For evidence that is not disputed by the parties, the reasons for whether to accept it or not do not need to be stated in the judgment document.
VI. Others
Article 80 The legitimate rights and interests of witnesses, appraisers, and surveyors shall be protected in accordance with the law.
The parties or other litigation participants forge or destroy evidence, provide false evidence, prevent witnesses from testifying, instigate, bribe or coerce others to give perjury, or retaliate against witnesses, appraisers, or examiners in accordance with the Civil Article 102 of the Procedural Law of the People’s Republic of China.
Article 81 The People’s Court’s application of simplified procedures in hearing cases is not subject to the restrictions of Article 32, Article 33, paragraph 3, and Article 79 of this Interpretation.
Article 82 If the past judicial interpretations of this court are inconsistent with these regulations, these regulations shall prevail.
Article 83 These regulations will come into effect on April 1, 2002. This provision does not apply to civil cases of first instance, second instance and retrial that have not been concluded on April 1, 2002.
For civil cases that have been completed before the implementation of these regulations, if the parties apply for retrial on the grounds of violation of these regulations, the people's court will not support it.
If the People’s Court conducts retrial civil cases accepted after the implementation of these regulations in accordance with the provisions of Article 184 of the Civil Procedure Law, these regulations shall apply. ;