The use of evidence in civil litigation: what can be used as evidence and how can the court review it?

According to the Civil Procedure Law of People's Republic of China (PRC)

Article 63 Types of evidence

Evidence includes:

(a) Statements of the parties; ?

(2) Documentary evidence; ?

(3) Physical evidence; ?

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses; ?

(7) Appraisal opinions; ?

(8) Records of the inquest. ?

Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 64 Burden of proof and authority.

The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.

Audit evidence: records, factual statements or other information related to the audit criteria that can be verified.

Audit evidence, including records, factual statements or other information, can be obtained through documents (such as various records), statements (such as interviews) or on-site observation.

Extended data

People's Republic of China (PRC) Civil Procedure Law

Article 65 Time limit for adducing evidence

The parties concerned shall provide evidence of their claims in time. The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall extend the time limit appropriately according to the application of the parties.

If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; If the people's court refuses to explain the reasons or the reasons cannot be established, it may reject the evidence according to different circumstances, or accept the evidence but admonish it and impose a fine.

Article 66 Handling procedures after receiving evidence

When the people's court receives the evidential materials submitted by the parties, it shall issue a receipt indicating the name, number of pages, number of copies, original or photocopy of the evidence and the time of receipt, and the person in charge shall sign or seal it.

Article 67 The court shall collect evidence.

The people's court has the right to investigate and collect evidence from the relevant units and individuals, and the relevant units and individuals may not refuse. The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.

Article 68 Cross-examination of the parties

The evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly.

Article 69 Notarization of facts

The people's court shall take the legal facts and documents notarized through legal procedures as the basis for ascertaining the facts, unless there is evidence to the contrary enough to overturn the notarial certificate.

Rule 70. Best evidence rule

The original documentary evidence shall be submitted. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted. Foreign documentary evidence must be accompanied by a Chinese translation.

Article 71 Audio-visual materials

The people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as a basis for ascertaining facts in combination with other evidence in this case.