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Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

4. Evidence

Article 90: Parties shall provide evidence to prove the facts on which their own litigation claims are based or on which they refute the other party's litigation claims, except as otherwise provided by law.

Where a party fails to provide evidence or the evidence is insufficient to prove its factual assertion before a judgment is rendered, the party who bears the burden of proof shall bear the adverse consequences.

Article 91: People's courts shall follow the following principles to determine the burden of proof, except as otherwise provided by law:

(1) The party asserting the existence of a legal relationship shall bear the burden of proof on the basic facts that gave rise to the legal relationship;

(2) A party claiming that a legal relationship has been modified or extinguished or that its rights have been obstructed shall bear the burden of proof to prove the basic facts of the modification or extinction of the legal relationship or the obstruction of rights.

Article 92:Where one party clearly admits facts that are unfavorable to it during the court trial, or in written materials such as the complaint, reply, or representation, the other party does not need to present evidence.

The provisions of the preceding paragraph on self-recognition do not apply to facts that should be investigated by the people's courts ex officio involving identity relationships, national interests, societal public interests, and other facts that should be investigated ex officio.

Where the facts admitted are inconsistent with the ascertained facts, the people's courts are not to confirm them.

Article 93: The parties do not need to present evidence to prove the following facts:

(1) The laws of nature, as well as theorems and laws;

(2) well-known facts;

(3) Facts presumed in accordance with legal provisions;

(4) another fact inferred from known facts and the rules of daily life experience;

(5) Facts that have already been confirmed by a legally effective judgment of the people's court;

(6) the facts that have been confirmed by the effective award of the arbitration institution;

(7) Facts that have been proved by valid notarized documents.

Except for the facts provided for in items (2) through (4) of the preceding paragraph, where the parties have evidence to the contrary sufficient to refute them; Except for the facts provided for in items 5 through 7, where the parties have evidence to the contrary that is sufficient to overturn them.

Article 94:Evidence provided for in paragraph 2 of article 64 of the Civil Procedure Law that parties and their agents ad litem cannot collect on their own for objective reasons includes:

(1) The evidence is stored by the relevant state departments, and the parties and their agents ad litem do not have the right to read and collect it;

(2) Involving state secrets, commercial secrets, or personal privacy;

(3) Other evidence that the parties and their agents ad litem cannot collect on their own for objective reasons.

Where parties and their agents ad litem are unable to collect evidence on their own for objective reasons, they may apply in writing to the people's court for investigation and collection before the time limit for presenting evidence is completed.

Article 95: Evidence collected by parties applying for investigation. Where it is not related to the facts to be proven, is meaningless to prove the facts to be proven, or is otherwise not necessary for investigation and collection, the people's courts will not permit it.

Article 96:The evidence that the people's courts find necessary for the trial of a case as provided for in paragraph 2 of article 64 of the Civil Procedure Law includes:

(1) It involves matters that might harm the national interest or societal public interest;

(2) Where identity relationships are involved;

(3) Involving litigation as provided for in article 55 of the Civil Procedure Law;

(4) The parties have the possibility of maliciously colluding to harm the lawful rights and interests of others;

(5) Procedural matters such as adding parties ex officio, suspending litigation, terminating litigation, or recusal.

Except as provided in the preceding paragraph, people's courts investigating and collecting evidence shall do so in accordance with the parties' applications.

Article 97:People's courts' investigation and collection of evidence shall be conducted jointly by two or more persons. Investigation materials should be signed, stamped, or sealed by the investigator, the person being investigated, or the person recording the case.

Article 98:Where parties apply for evidence preservation in accordance with the first paragraph of article 81 of the Civil Procedure Law, they may submit it in writing before the time limit for presenting evidence is completed.

The preservation of evidence might cause harm to others. The people's court shall order the applicant to provide the corresponding guarantee.

Article 99:The people's courts shall determine the time limit for the parties to present evidence during the preparatory phase before trial. The time limit for presenting evidence may be negotiated by the parties and approved by the people's court.

The people's courts determine the time limit for the presentation of evidence, and it must not be less than 15 days for first-instance ordinary procedure cases, and must not be less than 10 days for second-instance cases where parties provide new evidence.

After the time limit for the presentation of evidence is completed, where a party applies to provide rebuttal evidence or to supplement and correct flaws in the source or form of the evidence, the people's court may determine the time limit for the presentation of evidence again at its discretion, and the time limit is not subject to the restrictions provided in the preceding paragraph.

Article 100: Where parties apply for an extension of the time limit for the presentation of evidence, they shall submit a written application to the people's court before the period for the presentation of evidence is completed.

The reasons for the application are sustained. The people's court shall permit and appropriately extend the time limit for presenting evidence, and notify the other parties. The extended time limit for the presentation of evidence applies to the other parties.

Where the reasons for the application are not sustained, the people's court shall not approve it and notify the applicant.

Article 101:Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons, and when necessary, may request that they provide corresponding evidence.

The parties have overdue the time limit to provide evidence for objective reasons, or the opposing party has not raised objections to the late provision of evidence. Deemed not overdue.

Article 102:People's courts are not to accept evidence provided by parties within the time limit due to intentional or gross negligence. However, this evidence is related to the basic facts of the case. The people's courts shall adopt it and give a reprimand and fine in accordance with the provisions of article 65 and paragraph 1 of article 115 of the Civil Procedure Law.

Where the parties do not intentionally or grossly negligently provide evidence within the time limit, the people's courts shall accept it and admonish the parties.

Where one party requests that the other party compensate for the additional necessary expenses such as transportation, lodging, meals, lost work, and witnesses appearing in court to testify due to the late provision of evidence, the people's court may support it.

Article 103:Evidence shall be presented in court, and the parties are to debate each other. Evidence that has not been cross-examined by the parties. It must not be used as the basis for determining the facts of the case.

Evidence accepted by the parties during the preparatory phase before trial is to be viewed as evidence that has been debated after being explained by the adjudicators at trial.

Evidence involving state secrets, commercial secrets, personal privacy, or that shall be kept confidential by law must not be publicly debated.

Article 104:People's courts shall organize parties to debate evidence around the veracity and legality of the evidence and its relevance to the facts to be proven. It also explains and debates whether the evidence has probative force and how much probative it is.

Evidence that can reflect the true circumstances of the case, is related to the facts to be proved, and has a source and form that complies with the provisions of the law. shall be the basis for determining the facts of the case.

Article 105:People's courts shall follow legally-prescribed procedures to comprehensively and objectively review evidence, and follow legal provisions and use logical reasoning and rules of daily life experience to make judgments on whether evidence has probative force and how much probative force it has. and disclose the reasons and results of the judgment.

Article 106:Evidence formed or obtained by methods that seriously infringe upon the lawful rights and interests of others, violate legal prohibitions, or seriously violate public order and good customs, must not be the basis for determining the facts of the case.

Article 107:In litigation, facts recognized by the parties for the purpose of reaching a mediation agreement or compromise in a settlement agreement must not be used as a basis against them in subsequent litigation, except as otherwise provided by law or agreed to by the parties.

Article 108:Where, upon review and consideration of the relevant facts, the people's court is convinced that there is a high probability of the existence of the facts to be proved, the people's court shall find that the facts exist.

The people's court shall review the evidence provided by one party to refute the facts asserted by the party who bears the burden of proof. Where it is found that the truth or falsity of the facts to be proved is unclear, it shall be found that the facts do not exist.

Where the law has other provisions on the standard of proof that should be met for the facts to be proven, follow those provisions.

Article 109:Where the people's court is convinced that the possibility of the existence of the facts to be proved by the parties to fraud, coercion, or malicious collusion, as well as the proof of the fact of oral will or gift, can eliminate reasonable doubt, it shall find that the fact exists.

Article 110:Where people's courts find it necessary, they may request that the parties appear in court in person to be questioned about the facts of the case. Before questioning the parties. They may be required to sign a letter of guarantee.

The letter of guarantee shall clearly state the truthful statement and the willingness to accept punishment if there is a false statement. The parties shall sign or seal the guarantee.

The party who bears the burden of proof refuses to appear in court, refuses to be questioned, or refuses to sign a written guarantee, and the facts to be proved lack other evidence to prove them. The people's court does not determine the facts asserted.

Article 111:There are genuine difficulties in submitting original documentary evidence as provided for in article 70 of the Civil Procedure Law, including the following circumstances:

(1) The original documentary evidence is lost, destroyed, or damaged;

(2) The original is under the control of the other party and is submitted after being lawfully notified but refuses to be submitted;

(3) The original is under the control of another person, and they have the right not to submit it;

(4) The original is inconvenient to submit due to excessive length or size;

(5) The party who bears the burden of presenting evidence is unable to obtain the original documentary evidence through an application to the people's court for investigation and collection or other means.

In the circumstances provided for in the preceding paragraph, the people's courts shall consider other evidence and the specific circumstances of the case to review and judge whether copies of documentary evidence can be used as the basis for determining the facts of the case.

Article 112:Documentary evidence is under the control of the opposing party. The party who bears the burden of proof may apply in writing to the people's court to order the other party to submit it before the time limit for presenting evidence is completed.

Where the reasons for the application are sustained, the people's court shall order the opposing party to submit it, and the applicant shall bear the costs incurred in submitting documentary evidence. Where the opposing party refuses to submit it without a legitimate reason, the people's court may find that the content of the documentary evidence asserted by the applicant is true.

Article 113:The purpose of a party in possession of documentary evidence is to obstruct the other party's use. Where relevant documentary evidence is destroyed or other acts are carried out that make it impossible to use documentary evidence, the people's court may impose a fine or detention on them in accordance with article 111 of the Civil Procedure Law.

Article 114:Matters recorded in documents produced by state organs or other organizations with social management functions in accordance with law within the scope of their authority are presumed to be true, except where there is sufficient evidence to the contrary to overturn them. When necessary, the people's court may request that the organ or organization that drafted the document explain the authenticity of the document.

Article 115:The certification materials submitted by a unit to the people's court shall be signed or sealed by the responsible person for the unit and the person who produced the supporting materials, and the unit's seal shall be affixed. The people's courts may conduct an investigation and verification of the certification materials issued by the unit and the personnel who produced the supporting materials. When necessary, the person who produced the evidentiary materials may be required to appear in court to testify.

Where the unit and the person making the supporting materials refuse to be investigated and verified by the people's court, or the person who produced the supporting materials refuses to appear in court to testify without a legitimate reason, the supporting materials must not be used as the basis for determining the facts of the case.

Article 116:Audiovisual materials include audio and video materials.

Electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.

The provisions on electronic data shall apply to audio and video materials stored in electronic media.

Article 117:Where parties apply for witnesses to appear in court to testify, they shall submit it before the time limit for presenting evidence is completed.

Where the circumstances provided for in paragraph 1 of article 96 of this interpretation are met, the people's courts may notify witnesses to appear in court to testify in accordance with their authority.

Witnesses must not appear in court to testify without notice from the people's court, except with the consent of both parties and with the permission of the people's court.

Article 118:Necessary expenses such as transportation, lodging, and meals incurred by witnesses as provided for in article 74 of the Civil Procedure Law as a result of performing their obligation to appear in court to testify are to be calculated in accordance with the travel expenses and subsidy standards for the staff of government organs and public institutions; The loss of lost work shall be calculated according to the national average daily wage standard of employees in the previous year.

Where a people's court permits an application for a witness to appear in court to testify, it shall notify the applicant to prepay the witness's fee for appearing in court to testify.

Article 119:Before witnesses appear in court to testify, people's courts shall inform them of their obligation to testify truthfully and the legal consequences of perjury, and order them to sign a written guarantee, except for those who lack or have limited capacity for civil conduct.

The provisions of this Interpretation on the signing of a guarantee by a witness shall apply to the signing of a letter of guarantee by a party.

Article 120:Where witnesses refuse to sign a written guarantee, they must not testify and bear the relevant costs.

Article 121:Parties applying for an evaluation may submit it before the time limit for presenting evidence is completed. Where the matters applied for evaluation are not related to the facts to be proven, or are meaningless to prove the facts to be proven, the people's court will not approve it.

Where people's courts permit a party's application for an evaluation, they shall organize both parties to negotiate to determine an evaluator with the corresponding qualifications. Where the parties fail to reach an agreement through negotiation, the people's court is to appoint them.

Where the requirements for investigating and gathering evidence in accordance with their authority are met, the people's courts shall retain an evaluation in accordance with their authority, and after asking the parties' opinions, designate an evaluator with corresponding qualifications.

Article 122:In accordance with article 79 of the Civil Procedure Law, parties may apply for one or two persons with specialized knowledge to appear in court before the time limit for presenting evidence is completed, to debate evaluation opinions on behalf of the parties, or to submit opinions on professional issues involved in the facts of the case.

Opinions on professional issues made in court by persons with specialized knowledge are considered to be statements of the parties.

Where the people's court permits a party's application, the relevant costs are to be borne by the party submitting the application.

(To be continued.) )

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