Several Provisions on Evidence in Civil Procedures

Article 1:   A plaintiff that institutes a legal action or a defendant that institutes a countersuit in a people's court shall provide appropriate evidence that satisfies the conditions for instituting a legal action.

Article 2:   A people's court shall explain to the parties the requirements in respect of and the legal consequences of the adducement of evidence and procure the active, comprehensive, correct and good faith completion of the adducement of evidence by the parties within a reasonable period of time.

Where a party is unable to gather evidence himself/herself for objective reasons, he/she may apply to the people's court for investigation and collection thereof.

Article 3:   If, in the course of a legal action, a party states a fact that is disadvantageous to him/her or expressly admits a fact that is disadvantageous to him/her, the other party shall not be required to adduce evidence in support thereof.

If a party expressly admits a fact disadvantageous to him/her in the course of evidence exchange, questioning or investigation, or in written materials such as the complaint, response or statement of attorney, the preceding paragraph shall apply.

Article 4:   If a party neither admits nor denies a fact disadvantageous to him/her asserted by the other party and after explanation and questioning by the judges still does not expressly express admission or denial thereof, he/she shall be deemed to have admitted such fact.

Article 5:   If a party engages an agent ad litem to participate in a legal action, any admission by such agent shall be deemed an admission by the party, except for matters expressly excluded by the power of attorney.

If a party expressly denies on the spot something admitted by his/her agent ad litem, he/she shall not be deemed as having admitted the same.

Article 6:   An admission made by one or more of the co-parties in an ordinary joint action shall be effective as for the party that admitted the same.

If, in a necessary joint action, one or more of the co-parties make an admission and the other co-parties deny the same, such admission shall have no effect. If the other co-parties neither admit nor deny and still do not expressly express an opinion after explanation and questioning by the judges, all of the co-parties shall be deemed to have made the admission.

Article 7:   If a party admits, in a restricted or conditional manner, a fact disadvantageous to him/her asserted by the other party, the people's court shall decide whether the same constitutes an admission after comprehensive consideration of the circumstances of case.

Article 8:   The provisions on admission shall not apply to the facts specified in the first paragraph of Article 96 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law>.

If an admitted fact is inconsistent with the fact as ascertained, the people's court shall not confirm the same.

Article 9:   If a party withdraws an admission before the conclusion of arguments in court, the people's court shall permit the same if:

(1)  the other party consents thereto; or

(2)  the admission was made under duress or a major misunderstanding.

Where the people's court permits the withdrawal of an admission by a party, it shall render an oral or written ruling thereon.

Article 10:   A party shall not be required to adduce evidence in support of the following facts:

(1)  a law of nature, established theory or scientific law;

(2)  a fact known to all;

(3)  a fact inferred pursuant to a law;

(4) another fact inferred from an already known fact and the rule of daily life experience;

(5)  a fact confirmed by an arbitration institution in an effective award;

(6)  a basic fact confirmed by a people's court in a legally effective judgment or ruling; or

(7)  a fact established in a valid notarial deed.

A party shall not be required to adduce evidence in support of the facts set forth in Items (2) to (5) above, unless the other party has counter evidence to rebut the same; or the facts set forth in Items (6) and (7), unless the other party has counter evidence to overturn the same.

Article 11:   When a party submits evidence to a people's court, it shall provide the original thereof. If the party needs to retain the original himself/herself or provision of the original would genuinely be difficult, a photocopy or reproduction thereof verified by the people's court as being consistent may be provided.

Article 12:   Where a movable asset is presented as evidence, the original thereof shall be submitted to the people's court. If the original item is not readily movable or easily stored, the party may provide a reproduction, video documentation or other substitute.

Once the people's court has received the movable asset or substitute submitted by the party, it shall notify the parties in a timely manner to present themselves at the people's court or the place it is stored to examine the same.

Article 13:   Where a party presents immovable property as evidence, he/she shall provide video documentation of such immovable property to the people's court.

If the people's court deems it necessary, it shall notify the parties to present themselves onsite to examine the same.

Article 14:   Electronic data includes the following information and electronic documents:

(1)  information posted on online platforms such as web pages, blogs and microblogs;

(2)  communication information from online application services such as mobile short messages, e-mails, instant messages and distribution groups;

(3)  information such as user registration information, identity authentication information, electronic transaction records, communication records and log files;

(4)  text files, images, audio recordings, videos, electronic certificates, computer programs and other such electronic documents; and

(5)  other information that is stored, processed and transmitted digitally and that can substantiate case facts.

Article 15:   Where a party presents audio-visual materials as evidence, such party shall provide the original medium on which such materials are stored.

Where a party presents electronic data as evidence, the original thereof shall be provided.  The duplicate consistent with the original produced by the producer of the electronic data, or a printout or other displayable and identifiable output medium directly sourced from the electronic data shall be deemed an original of the electronic data.

Article 16:   When a party provides official documentary evidence generated outside the territory of the People's Republic of China, such evidence shall be authenticated by a notary office of the country in question or such party shall carry out the authentication procedure specified in the relevant treaty entered into by the People's Republic of China and the country in question.

Evidence relating to a personal relationship generated outside the territory of the people's Republic of China shall be authenticated by a notary office of the country in question and certified by the embassy or consulate of the People's Republic of China in such country or require the carrying out of the authentication procedure specified in the relevant treaty entered into by the People's Republic of China and the country in question.

If evidence provided by a party to the people's court was generated in Hong Kong, Macao or Taiwan, such party shall carry out the relevant authentication procedure.

Article 17:   A party that provides documentary evidence in a foreign language or explicatory documentation in a foreign language to a people's court shall include a Chinese translation thereof.

Article 18:   If a fact undisputed by the parties is consistent with the circumstances set forth in the first paragraph of Article 96 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law>, the people's court may order the parties to provide relevant evidence.

Article 19:   A party shall classify and number the exhibits he/she submits, provide a brief statement of the provenance of the exhibits, what they are meant to substantiate and their content, sign and stamp the same, indicate the date of submission and provide copies in a number equivalent to the number of persons of the other parties.

Upon receipt of the exhibits submitted by a party, the people's court shall issue a receipt, note the title, number of copies and number of pages of each of the exhibits, as well as the date of receipt thereof, and the handling officer shall sign or stamp the same.

II.    Investigation, Collection and Preservation of Evidence

Article 20:   A party and his/her agent ad litem applying to a people's court for the investigation and collection of evidence shall submit a written application before the expiration of the period for the adducement of evidence.

The application shall provide basic particulars such as the name, domicile, etc. of the person/entity to be investigated, the title or content of the evidence to be investigated and collected, the reason the investigation and collection of evidence by the people's court is required, as well as the facts that the same are to substantiate and the clues that are to be clarified.

Article 21:   The documentary evidence investigated and collected by the people's court may be the originals or, alternatively, duplicates or photocopies that have been verified to be in good order. If documentary evidence is a duplicate or photocopy, the provenance and the details of the collection thereof shall be noted in the investigation record.

Article 22:   Physical evidence investigated and collected by a people's court shall be the original item. If provision of the original item by the person being investigated would genuinely be difficult, a reproduction or video documentation thereof may be provided. If a reproduction or video documentation is provided, details of the collection thereof shall be noted in the investigation record.

Article 23:   When investigating and collecting audio-visual materials or electronic data, the people's court shall require the person being investigated to provide the original medium.

If provision of the original medium would genuinely be difficult, a reproduction may be provided. Where a reproduction is provided, the people's court shall note the provenance and the manner of production thereof in the investigation record.

Where the people's court takes measures for the preservation of audio-visual materials or electronic data, the preceding paragraph shall apply.

Article 24:   When a people's court is investigating and collecting evidence that might require forensic analysis, it shall comply with relevant technical specifications and ensure that the evidence is not contaminated.

Article 25:   Where a party or a materially interested person applies for evidence preservation in accordance with Article 81 of the CPL, the application shall provide the basic particulars of the evidence requiring preservation, the grounds for applying for preservation, the type of preservation measure to be taken, etc.

Where a party applies for evidence preservation in accordance with the first paragraph of Article 81 of the CPL, he/she shall submit such application to the people's court before the expiration of the period for the adducement of evidence.

Where a law or judicial interpretation provides for the pre-trial preservation of evidence, matters shall be handled in accordance with such provisions.

Article 26:   Where a party or a materially interested person applies for an evidence preservation measure that limits the use, circulation, etc. of the subject matter of preservation, such as placement under seal or seizure, or if the preservation could cause the holder of the evidence to incur a loss, the people's court shall order the applicant to provide the corresponding security.

The method of providing the security or the amount thereof shall be determined by the people's court by comprehensively considering factors such as the impact of the preservation measure on the holder of the evidence, the value of the subject matter of preservation, the amount of the subject matter of the action disputed by the party in question or materially interested person, etc.

Article 27:   When the people's court carries out evidence preservation, it may require the parties or their agents ad litem to be present onsite.

Based on the party's application and the specific circumstances, the people's court may carry out evidence preservation by means such as placement under seal, seizure, sound recording, video recording, reproduction, forensic analysis and onsite examination, and make a written record thereof.

Provided that the objective of the evidence preservation is achieved, the people's court shall opt for the preservation measure that has the least effect on the interests of the holder of the evidence.

Article 28:   Where an error in an application for evidence preservation causes a property loss and the party in question requests that the applicant bear liability for compensation, the people's court shall uphold such request.

Article 29:   If, after a people's court has taken pre-trial evidence preservation measures, a party institutes a legal action in another people's court that has jurisdiction, the people's court that took the evidence preservation measures shall, pursuant to the application of the party, transfer the preserved evidence in a timely manner to the people's court that accepted the case.

Article 30:   If, in the course of trying a case, a people's court is of the opinion that a factum probandum requires the substantiation of a forensic opinion, it shall explain the same to the party in question and specify the time limit for applying for a forensic analysis.

Where any of the circumstances set forth in the first paragraph of Article 96 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law> is satisfied, the people's court shall appoint a forensic analysis ex officio.

Article 31:   A party wishing to apply for a forensic analysis shall submit such application within the time limit designated by the people's court and pay the forensic analysis fee in advance. If the party fails to submit the application within the time limit or fails to pay the forensic analysis fee in advance, he/she shall be deemed to have abandoned his/her application.

If a party bearing the burden of proving a factum probandum that requires a forensic analysis fails, without a legitimate reason, to submit the application for forensic analysis or make advance payment of the forensic analysis fee during the time limit designated by the people's court, or refuses to provide relevant materials, making it impossible to ascertain the factum probandum, he/she shall bear the legal consequences of failing to adduce evidence.

Article 32:   If a people's court approves an application for forensic analysis, it shall arrange for the parties to hold consultations to determine a forensic analyst with the appropriate qualifications. If the consultations between the parties prove unsuccessful, the people's court shall make the designation.

Where a people's court appoints a forensic analysis ex officio, it may designate the forensic analyst with the appropriate qualifications after seeking the opinions of the parties.

The people's court shall issue a letter of appointment after the determination of the forensic analyst. The letter of appointment shall state the matter to be assessed, the scope of the forensic analysis, the objective of the forensic analysis and the deadline therefor.

Article 33:   The people's court shall require the forensic analyst to sign an undertaking before commencing the forensic analysis. The undertaking shall state that the forensic analyst warrants that he/she shall conduct the forensic analysis in an objective, impartial and honest manner, that he/she shall appear in court to testify, that if he/she renders a false forensic analysis, he/she shall bear legal liability, etc.

If a forensic analyst willfully renders a false forensic analysis, the people's court shall order him/her to return the forensic analysis fee and, depending on the circumstances, assess penalties in accordance with Article 111 of the CPL.

Article 34:   The people's court shall arrange for cross-examination of the forensic analysis materials by the parties. Materials that have not undergone cross-examination may not serve as the basis for the forensic analysis.

Subject to permission from the people's court, the forensic analyst may obtain evidence, examine physical evidence and the site in question, and question the parties or witnesses.

Article 35:   A forensic analyst shall complete his/her forensic analysis and submit his/her written forensic analysis by the deadline specified by the people's court.

If the forensic analyst fails to punctually submit his/her written forensic analysis without a legitimate reason, the party in question may apply to the people's court to appoint another forensic analyst to conduct the forensic analysis. If the people's court gives its permission, the original forensic analyst shall return the forensic analysis fee that he/she received; if he/she refuses to return the same, the matter shall be handled in accordance with the second paragraph of Article 81 hereof.

Article 36:   The people's court shall check to see whether the written forensic analysis issued by the forensic analyst contains the following information:

(1)  the name of the court that appointed him/her;

(2)  the details and requirements of the appointment;

(3)  the forensic analysis materials;

(4)  the principles and method on which the forensic analysis is based;

(5)  a description of the forensic analysis process;

(6)  the forensic opinion; and

(7)  an undertaking.

The written forensic analysis shall be signed or stamped by the forensic analyst, and be accompanied by proof of the forensic analyst's relevant qualifications. If an institution is appointed to conduct the forensic analysis, the written forensic analysis shall be stamped by the forensic analysis institution and signed by the personnel that conducted the forensic analysis.

Article 37:   Once the people's court receives the written forensic analysis, it shall send duplicates to the parties in a timely manner.

If a party objects to the content of the written forensic analysis, he/she shall raise the same in writing by the deadline designated by the people's court.

The people's court shall require the forensic analyst to provide an explanation or supplementation in respect of the party's objection. If the people's court deems it necessary, it may require the forensic analyst to provide an explanation or supplementation in respect of content not objected to by the parties.

Article 38:   If, after receipt of the written response of the forensic analyst, a party still has an objection, the people's court shall, in accordance with Article 11 of the Measures for the Payment of Court Expenses, notify the party with the objection to pay the forensic analyst's court appearance fee in advance and notify the forensic analyst to appear in court. If the party with the objection fails to pay the forensic analyst's court appearance fee in advance, he/she shall be deemed to have abandoned his/her objection.

If both parties have an objection to the forensic opinion, they shall share equally the forensic analyst's court appearance fee payable in advance.

Article 39:   The forensic analyst's court appearance fee shall be calculated at the rate for the court appearance and testifying fee paid to witnesses, and paid by the losing party. If a forensic analyst is required to appear in court due to a lack of clarity or a flaw in his/her forensic opinion, the court appearance fee shall be borne by himself/herself.

Where the people's court appoints a forensic analyst itself and it has been determined that the forensic analyst's court appearance fee is included in the forensic analysis fee, the party or parties shall not be notified to pay the same in advance.

Article 40:   If a party applies for a new forensic analysis, the people's court shall approve the same if:

(1)  the forensic analyst lacked the appropriate qualifications;

(2)  the forensic analysis procedure was in serious violation of the law;

(3)  the basis for the forensic opinion is clearly insufficient; or

(4) another circumstance that makes use of the forensic opinion as evidence impossible applies.

Where a circumstance as specified in Items (1) to (3) of the preceding paragraph exists, the forensic analyst shall return the forensic analysis fee that he/she has received. If he/she refuses to return the same, the matter shall be handled in accordance with the second paragraph of Article 81 hereof.

Where a flaw in a forensic opinion can be solved by means such as a correction, a supplementary forensic analysis or supplementary cross-examination, or a new cross-examination, the people's court shall not approve an application for a new forensic analysis.

Where a new forensic analysis is conducted, the original forensic opinion may not serve as a basis for a finding on the facts of the case.

Article 41:   Where a party has evidence or grounds sufficient to rebut an opinion on a technical issue in respect of which a relevant institution or person engaged by the other party himself/herself has issued an opinion and applies for a new forensic analysis, the people's court shall approve the same.

Article 42:   If a forensic analyst withdraws his/her forensic opinion without a legitimate reason after such opinion has been admitted, the people's court shall order him/her to return the forensic analysis fee and, depending on the circumstances, assess penalties against him/her in accordance with Article 111 of the CPL. If a party requests that the forensic analyst bear the increased reasonable expenses arising therefrom, the people's court shall uphold such request.

If a people's court permits the forensic analyst to withdraw his/her forensic opinion after the admission thereof, it shall order him/her to return the forensic analysis fee.

Article 43:   The people's court shall notify the parties of the time and place of an onsite examination before such examination. The failure by a party to participate therein shall not affect the conduct thereof.

A party may give the people's court an explanation of the matter to be examined and may request that the people's court pay particular attention to key matters in the onsite examination.

When a people's court examines physical evidence onsite or the site in question, it shall make a written record thereof, recording the time and place of the onsite inspection, the onsite examiner, the persons present, and the examination process and result, and the same shall be signed or stamped by the onsite examiner and the persons present. A map drawn of the site shall indicate the time it was drawn, the bearings, the name and identity of the map maker, etc.

Article 44:   Excerpts taken from documents or materials relating to case facts prepared by a relevant entity shall indicate the provenance thereof, bear the stamp of the entity that produced the same or was keeping the same, and the person who took the excerpts and the other investigators shall sign or stamp the excerpt version.

The excerpts of a document or materials shall correspondingly maintain the integrity of the content.

Article 45:   Where a party applies to a people's court for an order ordering the other party to produce documentary evidence in accordance with Article 112 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law>, the application shall state the title or content of the documentary evidence to be produced, the fact to be substantiated by the documentary evidence in question and the importance of such fact, the basis showing that the other party has the documentary evidence in question in his/her control and the reason why such documentary evidence needs to be produced.

If the other party denies that the documentary evidence is in his/her control, the people's court shall render a comprehensive determination as to the fact of whether the documentary evidence is in the control of the other party on the basis of factors such as law provisions and custom, and in light of the facts of, and the evidence in, the case.

Article 46:   When a people's court examines an application by a party for the production of documentary evidence, it shall listen to the opinions of the other party and, if necessary, it may require the parties to provide evidence and give arguments.

Where the documentary evidence the production of which a party has applied for is unclear, the documentary evidence is not necessary for substantiation of the factum probandum, the factum probandum has no substantive impact on the judgment or ruling, or the documentary evidence is not in the control of the other party or does not satisfy the circumstances set forth in Article 47 hereof, the people's court shall not approve the same.

If the party's grounds for his/her application are tenable, the people's court shall render a ruling ordering the other party to produce the documentary evidence. If the grounds are not tenable, it shall notify the applicant to that effect.

Article 47:   The party in control of the documentary evidence shall produce the same if:

(1)  it is documentary evidence that was previously cited during the legal action by the party in control of it;

(2)  it is documentary evidence that was prepared in the interests of the other party;

(3)  it is documentary evidence that the other party has the right to review or access in accordance with the law;

(4)  it is account books or original bookkeeping vouchers; or

(5)  another circumstance under which the people's court deems production of documentary evidence necessary applies.

If the documentary evidence set forth in the preceding paragraph involves state secrets, trade secrets, the privacy of a party or third party or is characterized by another circumstance under which the law requires confidentiality, the same may not be publicly cross-examined after it is produced.

Article 48:   If the party in control of the documentary evidence refuses to produce the same without a legitimate reason, the people's court may find that the content of the documentary evidence as claimed by the other party is true.

If any circumstance set forth in Article 113 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law> applies to the party in control of the documentary evidence, the people's court may find that the fact to be substantiated by the documentary evidence in question as claimed by the other party is true.

III.   Time Limit for the Adducement of Evidence and Evidence Exchange

Article 49:   The defendant shall submit his/her written response before the expiration of the period for submission of the same, setting forth his/her opinions on the plaintiff's claims and the facts and grounds that serve as the basis for such claims.

Article 50:   The people's court shall serve an evidence adducement notice on the parties during the pre-trial preparation stage.

The evidence adducement notice shall state the principles and the requirements in respect of the allocation of the burden of proof, the circumstances under which an application may be made to the people's court for the investigation and collection of evidence, the period for the adducement of evidence designated by the people's court in light of the circumstances of the case, the legal consequences for failing to provide evidence on time, etc.

Article 51:   The parties may hold consultations to determine the period for the adducement of evidence, which shall be subject to the approval of the people's court.

Where the people's court designates the period for the adducement of evidence, it may not be less than 15 days in a first instance case tried with the regular procedure, and not less than 10 days for the provision of new evidence by the parties in an appellate case. It may not exceed 15 days in a case tried with summary procedure. In a small claims case, the period for the adducement of evidence may not, in general, exceed seven days.

If, after the expiration of the period for the adducement of evidence, a party wishes to provide rebuttal evidence or supplement/correct flaws in terms of the source, form, etc. of the evidence already provided by him/her, the people's court may, in view of the circumstances, set a period for the adducement of evidence again, which period shall not be subject to the period specified in the preceding paragraph.

Article 52:   If there exists an objective impediment to the provision of evidence by a party during the period for the adducement of evidence, the same shall constitute "it is genuinely difficult for the party to provide the evidence by the deadline" as specified in the second paragraph of Article 65 of the CPL.

In the circumstance set forth in the preceding paragraph, the people's court shall render a comprehensive determination on the basis of factors such as the party's capacity to adduce the evidence and the reason the party was unable to provide the evidence during the period for the adducement of evidence. If necessary, it may listen to the opinions of the other party.

Article 53:   If, in the course of a legal action, the nature of the legal relationship or the effect of the civil act claimed by a party is inconsistent with the finding derived by the people's court based on the facts of the case, the people's court shall treat the nature of the legal relationship or the effect of the civil act as the focal issue in conducting the trial, unless the nature of the legal relationship has no impact on the grounds and outcome of the judgment or ruling or the issue has been fully argued by the parties.

If the circumstance described in the previous paragraph exists and a party wishes to change his/her claims on the basis of the trial circumstances, the people's court shall permit the same and may designate a new period for the adducement of evidence based on the actual circumstances of the case.

Article 54:   If a party wishes to apply to extend the period for the adducement of evidence, he/she shall submit a written application to the people's court before the expiration of such period.

If the grounds for the application are tenable, the people's court shall permit the same, suitably extend the period for the adducement of evidence and notify the other party. The extended period for the adducement of evidence shall apply to the other party.

If the grounds for the application are untenable, the people's court shall not permit the same and notify the applicant.

Article 55:   If any of the following circumstances applies, the period for the adducement of evidence shall be determined by the following means:

(1)  if a party raises an objection to jurisdiction in accordance with Article 127 of the CPL, the period for the adducement of evidence shall be tolled and resume from the date on which the ruling dismissing the objection to jurisdiction enters into effect;

(2)  if a party is added, a third party with an independent right of claim joins the legal action or a third party without an independent right of claim joins the legal action after notification by the people's court, the people's court shall set the period for the adducement of evidence by the new party to the legal action in accordance with Article 51 hereof, and such period shall apply to the other parties;

(3)  in a remanded case, the people's court at first instance may set the period for the adducement of evidence in light of the specific circumstances of the case and the reason for remandment;

(4)  if a party adds or modifies his/her claims or institutes a countersuit, the people's court shall set the period for the adducement of evidence anew based on the specific circumstances of the case; or

(5)  if service is effected by way of an announcement, the period for the adducement of evidence shall commence to count from the date immediately following the expiration of the announcement period.

Article 56:   Where a people's court carries out pre-trial preparation by arranging for the exchange of evidence in accordance with the fourth paragraph of Article 133 of the CPL, the period for the adducement of evidence shall expire on the date of the evidence exchange.

The date for the exchange of evidence may be determined by the parties reaching a consensus thereon through consultations and having the same approved by the people's court or, alternatively, may be designated by the people's court. Where a party applies for an extension of the period for the adducement of evidence and the same is approved by the people's court, the date of the evidence exchange shall be postponed accordingly.

Article 57:   Evidence exchange shall be carried out under the auspices of the judges.

During the evidence exchange, the judges shall make a record of the facts and evidence that are not disputed by the parties. With respect to evidence that is disputed, the same shall be classified and recorded based on the facts that it is meant to substantiate, and the reason why it is disputed shall additionally be recorded. The principal issues disputed by the parties shall be determined by virtue of such evidence exchange.

Article 58:   If a party wishes to submit rebuttal evidence after receipt of the evidence from the other party, the people's court shall arrange for a further exchange of evidence.

Article 59:   Where a people's court assesses a fine against a party that provided evidence late, it may determine the amount of the fine by taking into account factors such as the extent of the party's subjective fault in providing the evidence late, the extent to which the legal action is delayed and the subject amount in the legal action.

IV.   Cross-Examination

Article 60:   Evidence on which the parties have expressed a cross-examination opinion in the pre-trial preparation stage or in the course of investigation or questioning by the people's court shall be deemed evidence that has been cross-examined.

If a party requests that cross-examination opinions be expressed in writing, the people's court may permit the same if it deems the same necessary after listening to the opinions of the other party. The people's court shall send the written cross-examination opinions to the other party in a timely manner.

Article 61:   When cross-examining documentary evidence, physical evidence or audio-visual materials, the party in question shall produce the original of the evidence, unless:

(1)  it would be genuinely difficult to produce the original and the people's court permits production of a photocopy or reproduction thereof; or

(2)  the original no longer exists, but there is evidence showing that the photocopy or reproduction is consistent with the original.

Article 62:   In general, cross-examination shall be conducted in the following sequence:

(1)  the plaintiff produces evidence, and the defendant and third parties proceed to cross-examine the same with the plaintiff;

(2)  the defendant produces evidence, and the plaintiff and third parties proceed to cross-examine the same with the defendant; and

(3)  a third party produces evidence, and the plaintiff and defendant proceed to cross-examine the same with the third party.

With respect to evidence investigated and collected by a people's court pursuant to an application by a party, after the judges give an account of the investigation and collection of such evidence, the party that submitted the application shall proceed to cross-examine the same with the other party and the third parties.

With respect to evidence investigated and gathered by the people's court ex officio, after the judges give an account of the investigation and collection of such evidence, they shall listen to the opinions of the parties.

Article 63:   A party shall give a true and complete statement of the facts of the case.

In the event of a discrepancy between the statement of a party and a previous statement, the people's court shall order him/her to explain the reason therefor and conduct an examination thereof and render its finding by taking into account the party's litigation capabilities, evidence and the specific circumstances of the case.

If a party willfully gives a false statement, hindering the trial by the people's court, the people's court shall, depending on the circumstances, assess penalties in accordance with Article 111 of the CPL.

Article 64:   If the people's court deems it necessary, it may require a party to present in person to be questioned about relevant facts of the case.

Where the people's court requires a party to present in person for questioning, it shall notify the party of the time and place of the questioning, the consequences for refusing to present in person, etc.

Article 65:   Before the questioning, the people's court shall order the party to sign a covenant and read the contents of the same aloud.

The covenant shall state that the party pledges to truthfully make his/her statement, without concealment, misrepresentations, additions or subtractions, and if he/she makes false statements he/she shall be subject to penalties. The party shall sign or affix his/her thumbprint to the covenant.

If a party has a legitimate reason for not being able to read the covenant aloud, the clerk shall do so and provide an explanation.

Article 66:   If a party fails to present in person without a legitimate reason, refuses to sign or read the covenant aloud or refuses to be questioned, the people's court shall determine the veracity of the factum probandum by comprehensively considering the circumstances of the case. If there is no other evidence substantiating the factum probandum, the people's court shall render a finding unfavorable to the party in question.

Article 67:   A person who cannot correctly express his/her meaning may not serve as a witness.

Where a factum probandum is appropriate to the age, mental state or mental health situation of a person with no or limited civil capacity, he/she may serve as a witness.

Article 68:   A people's court shall require a witness to appear in court to testify and subject himself/herself to questioning by the judges and parties. Where a witness provides testimony in the presence of the parties either at the pre-trial preparation stage or when the people's court is investigating, questioning, etc., he/she shall be deemed to have appeared in court and testified.

If the parties agree that a witness can testify by other means and the people's court permits the same, the witness need not appear in court to testify.

Testimony provided in writing or otherwise by a witness who failed to appear in court without a legitimate reason may not serve as the basis for a finding of the facts in the case.

Article 69:   Where a party wishes to apply for a witness to appear in court to testify, he/she shall submit such application to the people's court before the expiration of the period for the adducement of evidence.

The application shall state the name, profession, home address and contact information of the witness, the principal content of his/her testimony, the link between his/her testimony and the factum probandum and the necessity of the witness appearing in court to testify.

Where any of the circumstances set forth in the first paragraph of Article 96 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law> is satisfied, the people's court shall, ex officio, notify a witness to appear in court to testify.

Article 70:   Where a people's court approves an application for a witness to appear in court to testify, it shall serve notice thereof on the witness and inform the parties. The notice shall state the time and place for the witness to testify, the matter upon which he/she is to give testimony and the requirements thereof as well as the consequences of giving false testimony.

Where the matter in respect of which a party applies for a witness to appear in court to testify is unrelated to the factum probandum or it is unnecessary to notify the witness to appear in court to testify, the people's court shall not approve the party's application.

Article 71:   Before giving testimony, the people's court shall require a witness to sign a covenant and read the contents of the same aloud in court, unless the witness is a person with no or limited civil capacity.

If a witness has a legitimate reason for not being able to read the covenant aloud, the clerk shall do so on his/her behalf and provide an explanation.

If a witness refuses to sign or read the covenant aloud, he/she may not testify and shall bear the relevant expenses himself/herself.

The provisions on the covenants of parties shall apply to covenants of witnesses.

Article 72:   A witness shall objectively relate the facts that he/she personally perceived, and, when giving testimony, may not use language of a conjectural, inferential or commentary nature.

Before giving testimony, a witness may not sit in on the court trial and, when testifying, may not give testimony by reading aloud written materials prepared in advance.

If a witness has an impediment to expressing himself/herself in words, he/she may give testimony by other means.

Article 73:   A witness shall relate the matters on which he/she is testifying in a continuous manner.

If a party, or his/her statutory agent or agent ad litem, or a member of the gallery interrupts a witness's testimony, the people's court shall put a stop to the same in a timely manner and, if necessary, may assess penalties in accordance with Article 110 of the CPL.

Article 74:   A judge may question a witness. After receiving permission from the judges, a party and his/her agent ad litem may question a witness.

When a witness is being questioned, no other witnesses may be present.

If the people's court deems it necessary, it may require witnesses to confront one another.

Article 75:   Once a witness has appeared in court and testified, he/she may apply to the people's court for payment of the witness appearance and testifying fee. If a witness is in difficult straits and requires advance payment of the witness appearance and testifying fee, the people's court may, pursuant to the witness's application, pay such fee before he/she appears in court to testify.

Article 76:   If appearing in court to testify would genuinely be difficult for a witness and he/she wishes to apply to provide testimony in writing, by audio-visual communication technology or audio-visual materials, etc., he/she shall submit an application to that effect to the people's court. The application shall state the specific reason he/she is unable to appear in court.

If any of the circumstances set forth in Article 73 of the CPL applies to a witness, the people's court shall approve such application.

Article 77:   If, with the permission of the people's court, a witness testifies by providing written testimony, he/she shall sign a covenant; if he/she testifies by audio-visual communication technology or audio-visual materials, he/she shall sign a covenant and read the contents of the same aloud.

Article 78:   If the questioning of a witness by a party and his/her agent ad litem has no relation to the factum probandum, or there is intimidation or insulting of the witness or improper leading of the witness, the judges shall put a stop thereto in a timely manner. If necessary, penalties may be assessed in accordance with Articles 110 and 111 of the CPL.

If a witness willfully gives a false statement, a participant in the legal action or other person interferes with the giving of testimony by a witness by means such as violence, intimidation or bribery, or, after testifying, a witness is retaliated against by means such as insults, slander, frame up, threats or beating, the people's court shall, depending on the circumstances, assess penalties against the author of the act in accordance with Article 111 of the CPL

Article 79:   Where a forensic analyst is to appear in court to testify in accordance with Article 78 of the CPL, the people's court shall notify him/her of the time and place of his/her appearance and the requirements in respect thereof three days before the start of the trial.

Where an institution has been appointed to conduct a forensic analysis, a person who conducted the forensic analysis shall appear in court on behalf of the institution.

Article 80:   A forensic analyst shall respond truthfully to the objections of the parties and the questions of the judges on the matters in respect of which he/she conducted the forensic analysis. Where it would genuinely be difficult for him/her to respond in court, he/she may, with the permission of the people's court, respond in writing after the conclusion of the hearings.

The people's court shall send the written response to the parties in a timely manner and listen to their opinions. If necessary, it may arrange for a cross-examination again.

Article 81:   If a forensic analyst refuses to appear in court to testify, his/her forensic opinion may not serve as a basis for a finding of the facts in the case. The people's court shall recommend that the relevant competent authority or organization penalize the forensic analyst who refused to appear in court to testify.

If a party requests the return of the forensic analysis fee, the people's court shall render a ruling within three days ordering the forensic analyst to return the same. If he/she refuses to do so, the people's court shall handle the matter in accordance with the law.

If a party applies anew for a forensic analysis due to the forensic analyst having refused to appear in court to testify, the people's court shall approve the same.

Article 82:   With the permission of the court, a party may question forensic analysts and onsite examiners.

When questioning a forensic analyst or onsite examiner, inappropriate language or means, such as intimidation or insults may not be used.

Article 83:   Where a party applies for the appearance in court of a person with specialized knowledge pursuant to Article 79 of the CPL and Article 122 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law>, the application shall state the basic particulars of the person with the specialized knowledge and the purpose of the application.

If the people's court approves the party's application, it shall notify both parties thereof.

Article 84:   The judges may question the person with the specialized knowledge. With the permission of the court, the parties may question the person with the specialized knowledge, and the respective party's persons with specialized knowledge applied for may confront each other on the relevant issues in the case.

A person with specialized knowledge may not participate in court trial activities, other than cross-examining a forensic opinion or expressing his/her opinion on specialized issues.

V.   Examination and Determination of Evidence

Article 85:   A people's court shall lawfully render its judgment or ruling on the basis of case facts substantiated by the evidence.

The judges shall comprehensively and objectively examine the evidence by the statutory procedure, base themselves on the provisions of laws, abide by the professional ethics of judges, apply logical reasoning and daily life experience, independently determine whether evidence has probative force and the extent of such probative force and disclose the grounds and result of their determination.

Article 86:   With respect to the substantiation of the fact of fraud, intimidation or malicious collusion or the substantiation of the fact of an oral will or gift, if the people's court is convinced that the probability of the existence of the factum probandum can exclude reasonable doubt, it shall find that such fact exists.

With respect to a fact relating to procedural matters such as procedural preservation, recusal, etc., if the people's court, taking into account the explanation and related evidence of the party in question, deems the probability of the existence of the relevant fact to be relatively high, it may find that such fact exists.

Article 87:   The judges may examine and render a finding on any single exhibit from the following aspects:

(1)  whether the exhibit is the original, or whether a photocopy or reproduction thereof is consistent with the original;

(2)  whether the exhibit is related to the facts of the case;

(3)  whether the format or provenance of the exhibit complies with the provisions of laws;

(4)  whether the content of the exhibit is authentic; and

(5)  whether a witness or the person providing the exhibit has a material connection with the party in question.

Article 88:   With respect to all of the evidence in a case, the judges shall carry out a comprehensive examination and render their determination from aspects such as the extent to which each exhibit is connected to the case facts and the interrelationship of the exhibits.

Article 89:   With respect to evidence recognized by the parties in the course of the legal action, the people's court shall confirm the same, unless otherwise provided in laws or judicial interpretations.

If a party withdraws his/her recognition of a fact that he/she recognized, the matter shall be handled with reference to Article 229 of the Supreme People's Court, Interpretation on the Application of the <PRC Civil Procedure Law>.

Article 90:   The following evidence may not alone serve as a basis for a finding of the facts in a case:

(1)  the parties' statements;

(2)  testimony given by a person with no or limited civil capacity that is inconsistent with his/her age, mental state or mental health situation;

(3)  the testimony given by a witness who has a material connection with a party or his/her agent;

(4)  audio-visual materials or electronic data over which hang certain suspicions; or

(5)  a photocopy or reproduction that cannot be checked against the original.

Article 91:   The duplicate produced by the producer of official documentary evidence based on the original thereof and containing part or all of the content thereof shall have the same probative force as the original.

A photocopy or duplicate of, or an extract from, a document on file with a state authority shall have the same probative force as the original if its content is corroborated as consistent with the original by the archival department or the authority that produced the original.

Article 92:   With respect to the authenticity of private documentary evidence, the burden of proof in respect thereof shall be borne by the party requesting the use thereof to substantiate case facts.

If private documentary evidence is signed, stamped or bears the thumbprint of the producer thereof or his/her agent, it shall be presumed to be authentic.

If private documentary evidence contains deletions, alterations, additions or other manner of flaw, the people's court shall judge its probative force by comprehensively considering the specific circumstances of the case.

Article 93:   A people's court shall comprehensively determine the authenticity of electronic data by taking into account the following factors:

(1)  whether the integrity of the hardware and software environment of the computer system relied on to generate, store and transmit the electronic data is kept and whether such environment is reliable;

(2)  whether the hardware and software environment of the computer system relied on to generate, store and transmit the electronic data is in a normal state of operation, or, when it is not in normal state of operation, whether the generation, storage or transmission of the electronic data is affected;

(3)  whether the hardware and software environment of the computer system relied on to generate, store and transmit the electronic data has monitoring and checking means to effectively prevent the occurrence of errors;

(4  whether the electronic data has been stored, transmitted and retrieved in a manner that preserves its integrity, and whether the manner of storage, transmission and retrieval is reliable;

(5)  whether the electronic data was generated and stored in the course of normal dealings;

(6)  whether the subject storing, transmitting and retrieving the electronic data is appropriate; and

(7)  other factors that would affect the integrity and reliability of the electronic data.

If it deems it necessary, the people's court may resort to means such as forensic analysis or onsite examination to examine and determine the authenticity of electronic data.

Article 94:   Unless there is counter evidence to rebut the same, a people's court shall confirm the authenticity of electronic data if:

(1)  it is electronic data that is produced or was held by a party and is disadvantageous to such party;

(2)  it is provided or confirmed by the neutral third party platform that recorded and stored the same;

(3)  it was generated in the course of normal business activities;

(4)  it was kept using an archival management method; or

(5)  it was stored, transmitted and retrieved by the method specified by the parties.

Where the content of electronic data is notarized by a notary office, the people's court shall confirm its authenticity, unless there is counter evidence sufficient to overturn the same.

Article 95:   If a party has evidence in his/her control and refuses to produce the same without a legitimate reason and the party with the burden of proof in respect of a factum probandum claims that the content of such evidence is disadvantageous to the person in whose control it is, the people's court may find that such claim is tenable.

Article 96:   When a people's court is rendering a finding on the testimony of a witness, it may render its judgment by doing a comprehensive analysis of the mental state, moral character, knowledge, experience, legal awareness, technical skills of the witness, etc.

Article 97:   A people's court shall set forth the grounds in its judgment or ruling document for admitting or dismissing evidence.

With respect to evidence not disputed by the parties, the grounds for the admission or dismissal thereof need not be stated in the judgment or ruling document.

VI.   Miscellaneous

Article 98:   The lawful rights and interests of witnesses, forensic analysts and onsite examiners shall be protected in accordance with the law.

If a party or another participant in a legal action fabricates or destroys evidence, provides false evidence, prevents a witness from testifying, instructs, bribes or intimidates a third party to provide false evidence or retaliates against a witness, forensic analyst or onsite examiner, he/she shall be penalized in accordance with Articles 110 and 111 of the CPL.

Article 99:   Where these Regulations are silent on evidence preservation, the provisions on property preservation of laws and judicial interpretations shall apply mutatis mutandis.

Unless otherwise provided in laws and judicial interpretations, the provisions hereof on the questioning of witnesses shall apply mutatis mutandis to the questioning of the parties, forensic analysts and persons with specialized knowledge. The provisions hereof on documentary evidence shall apply to audio-visual materials and electronic data. The provisions on electronic data hereof shall apply to audio-visual materials stored on electronic computers and other electronic media.

Article 100:   These Provisions shall be effective as of May 1, 2020.

Once these Provisions are promulgated and implemented, any judicial interpretations previously issued by the Supreme People's Court that are inconsistent herewith shall cease to apply.