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. The parties concerned shall provide evidence actively, comprehensively, accurately and honestly.
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 following infringement disputes 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 4 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 5 In a labor dispute case, if a labor dispute occurs due to the decision of the employer to dismiss, remove from the list, expel, terminate the labor contract, reduce the labor remuneration, and the working years of the employee, the employer shall bear the burden of proof.
Article 6 In a divorce case, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
Article 7 In the course of litigation, if one party admits the facts of the case stated by the other party, the other party does not need to provide evidence. Except for cases involving identity relations.
Article 8 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 9 When providing evidence to the people's court, the parties concerned shall provide the originals and original articles. 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 reproduction verified by the people's court may be provided.
Article 10 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 11 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 12 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 interests or the legitimate rights and interests of others.
Article 13 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.
Two, apply to the people's court to investigate and collect evidence.
Article 14 If one of the following conditions is met, 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.
Fifteenth parties and their agents ad litem to apply to the people's court for investigation and collection of evidence, shall submit a written application not later than seven days before the expiration of the time limit for adducing evidence. 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 16 A party shall apply to the people's court for evidence preservation in accordance with Article 74 of the Civil Procedure Law, no 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.
Article 17 When applying for authentication, a party shall submit a written application within the time limit of proof and submit it to the people's court for examination.
If the party who bears the burden of proof for the 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 consequences of being unable to prove the facts.
Three. Time limit for presenting evidence and exchanging evidence
Article 18 A party shall submit evidence to the people's court within the time limit for adducing evidence. If a party fails to submit evidence within the time limit for adducing evidence, it shall be deemed as giving up the right to adduce 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 19 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 20 Upon the application of the parties, the people's court may organize the parties to exchange evidence before the court session. 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 21 "New evidence" as stipulated in the first paragraph of Article 125 of the Civil Procedure Law refers to the following situations:
(1) The new evidence in the procedure of first instance includes: the evidence newly discovered by the parties after the expiration of the time limit for adducing evidence in first instance; Evidence that the parties concerned cannot provide within the time limit for adducing evidence due to objective reasons, but cannot provide within the extended time limit with the permission of the people's court.
(2) The new evidence in the second trial procedure includes: the newly discovered evidence after the first trial; If the party concerned fails to apply to the people's court for investigation and evidence collection after the expiration of the time limit for adducing evidence in the first instance, the court of second instance shall, after examination, consider that it should be allowed, and shall collect evidence according to the application of the party concerned.
Article 22 Where a party provides new evidence in the procedure of first instance, it shall do so before or during the trial of first instance.
If the parties present new evidence in the procedure of second instance, they shall present it before or during the trial of second instance; If the second instance does not need to be heard in court, it shall be put forward within the time limit specified by the people's court.
Article 23 The evidence provided by the parties after the expiration of the time limit for adducing evidence is not new, and the people's court shall not accept it.
If the parties have been allowed by the people's court to postpone the presentation of evidence, but due to objective reasons, they have not provided it within the permitted time limit, which may lead to unfair judgment, the evidence provided by the parties may be regarded as new evidence.
Article 24 "New evidence" as stipulated in Item (1) of Paragraph 1 of Article 179 of the Civil Procedure Law refers to the evidence newly discovered after the trial in the original trial.
If the parties provide new evidence in the retrial procedure, they shall provide it when applying for retrial.