Beijing High People's Court, Questions Concerning the Handling of Evidence in Various Types of Cases Provisions (Trial Implementation)

Issued: August 29 2001
Effective: October 1 2001
Interpreting Authority: The research department of Beijing High People's Court

Main contents: The Provisions contain 149 articles, detailing the rules in respect of evidence and its admissibility in court. The first 61 articles are applicable to evidence in all types of cases, and the other articles are divided into separate parts applicable to criminal, civil and administrative cases respectively. According to the Provisions, where evidence comes from outside of the PRC, its source shall be given and the evidence, its source statement and the identity of its provider shall be authenticated by the PRC embassy or consulate in the relevant country or otherwise comply with the authentication procedure set out in the relevant treaty between the PRC and that country (Article 10). The Provisions state that unless expressly required by law, the court will not take the initiative to collect evidence (Article 14). If, for objective reasons, the parties are unable to collect evidence by themselves, they may request the court to do so, but the failure of the court to collect evidence will not discharge the relevant parties of their burden of proof (Article 15). Evidence shall be presented and corroborated in court (Article 36). Evidence that has been obtained illegally or in violation of legal procedures shall not be admitted (Article 50). In criminal cases the defendant bears no burden of proof for his/her innocence unless the charge is possession of a large amount of property without an identifiable source (Article 66). Where there is no evidence other than confessions of the defendant, the defendant cannot be convicted; but if there is sufficient evidence, the defendant can be convicted even if the defendant does not confess (Article 77). In some civil cases such as cases concerning infringement of patent rights or defective products, the defendant bears the burden of proof (Article 81). In administrative cases, the defendant bears the burden of proof in respect of its administrative act and may not collect evidence from the plaintiff and the witnesses by itself (Article 121). Evidence collected by a reviewing authority during review cannot be admitted in court to uphold the administrative act in question (Article 125).
Related legislation: PRC, Criminal Procedure Law (Revised), Mar 17 1996, CLP 1996 No.3 p5; PRC Civil Procedure Law (2nd Revision) and PRC, Administrative Litigation Law, Apr 4 1989, CLP 1989 No.5 p37