Reforming the Laws of Evidence in Civil Proceedings

October 31, 2002 | BY

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The Interpretation for the first time supplemented the summary provisions issued more than 10 years ago in the Civil Procedure Law.

By Chua Eu Jin, Clifford Chance Shanghai

Generally, the PRC Civil Procedure Law (中华人民共和国民事诉讼法) of 1991 (CPL) is the governing law on evidence in civil proceedings. As its name suggests, the CPL's focus is mainly civil procedure, not evidentiary issues. Provisions governing evidence in the law are correspondingly few and often general in nature. Steps have been taken recently, however, to reform the laws governing the use of evidence in civil proceedings. Earlier this year, the Supreme People's Court (SPC) issued new regulations entitled Evidence in Civil Proceedings Several Provisions (Evidence Provisions). They became effective April 1 2002. What can we conclude from the SPC's ruling and how does the ruling bolster the evidentiary section of the Civil Procedure Law?

The Evidence Provisions

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