if there is no evidence or the evidence is insufficient to prove the facts claimed by the parties, the parties with the burden of proof shall bear the adverse consequences. Article 3 The people's court shall explain the requirements and legal consequences of giving evidence to the parties, so as to urge the parties to give evidence actively, comprehensively, correctly and honestly within a reasonable period of time.
if the parties cannot collect evidence by themselves due to objective reasons, they may apply to the people's court for investigation and collection. Article 4 The following infringement lawsuits 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 an infringement lawsuit that causes damage by highly dangerous operations, the injurer shall bear the burden of proof for the fact that the victim intentionally causes damage;
(3) In a lawsuit for damages caused by environmental pollution, the injurer shall bear the burden of proof on the exemption provided by law and the fact that there is no causal relationship between the act and the damage result;
(4) The owner or manager shall bear the burden of proof for the tort lawsuit that the building or other facilities and the shelving and hanging objects on the building collapse, fall off or cause damage to people;
(5) In an infringement lawsuit that causes damage to people by raising animals, the animal keeper or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;
(6) In an infringement lawsuit that causes damage to people due to a defective product, 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 people because of 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;
(8) In the case of tort litigation caused by medical behavior, the medical institution shall bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.
if the relevant laws have special provisions on the burden of proof in tort litigation, those 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 concluded and effective; The party who advocates the change, dissolution, termination or cancellation of the contractual relationship shall bear the burden of proof for the facts that caused the change of the contractual relationship.
in case of any dispute over 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 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 decision of the employer to dismiss, remove the name from the list, dismiss, terminate the labor contract, reduce the labor remuneration, and calculate the working years of the workers, 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 according to the principles of fairness and good faith, taking into account the parties' ability to provide evidence and other factors. Article 8 In the course of litigation, if one party explicitly acknowledges 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.
if the fact stated by one party has not been acknowledged or denied by the other party, but it is still not clearly affirmed or denied by the judge after full explanation and inquiry, it shall be regarded as recognition of the fact.
if a party entrusts an agent to participate in the litigation, the agent's recognition shall be deemed as the party's recognition. 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 recognition of his agent, it shall be deemed as the recognition of the party.
if the parties withdraw their recognition before the end of the court debate and get the consent of the other party, or there is sufficient evidence to prove that their recognition was made under coercion or gross misunderstanding and is inconsistent with the facts, the other party cannot be exempted from the burden of proof. Article 9 The parties need not provide evidence to prove the following facts:
(1) Known facts;
(2) natural laws and theorems;
(3) another fact that can be inferred according to the law or the known facts and the rules of daily life experience;
(4) Facts that have been confirmed by legally effective judgments of the people's courts;
(5) the facts that have been confirmed by the effective award of the arbitration institution;
(6) Facts that have been 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 is sufficient to overturn them. Article 1 When providing evidence to a people's court, a party shall provide the original or the original. If it is necessary to keep the original and original evidence by yourself or it is really difficult to provide the original and original evidence, you can provide a copy or duplicate that has been verified by the people's court. Article 11 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 evidence shall be certified by the notary office of the host country, and certified by the Chinese people's Republic of China and the Chinese embassy or consulate in that country, or the certification procedures stipulated in the relevant treaties concluded between the People's Republic of China and the host country shall be fulfilled.
the evidence provided by the parties to the people's court was formed in Hongkong, Macau and Taiwan Province, and relevant certification procedures shall be performed.