​Evidence as a core part of China's judicial action

Evidence as a core part of China's judicial action
 
The Chinese Civil Procedure Law specifies numerous categories of evidence that may be used to ascertain facts in a case, such as statements from the parties concerned, written documents, physical evidence, audiovisual materials, electronic data, witness testimony, expert views, and inspection records.
 
Evidence must be validated as accurate and truthful to be acceptable. Both sides are required to provide proof to back up their assertions. Whenever a party cannot gather evidence owing to mitigating circumstances, the court must assist in obtaining it.
 
 
In line with legal rules, the court must carefully and objectively analyze every piece of evidence provided. The timely filing of evidence is critical, and the court may impose a deadline. If a side cannot meet the deadline, they may seek an extension; nevertheless, evidence filed late without cause may be ignored or penalized.
 
The court may examine and gather evidence from relevant persons and organizations to establish the legitimacy of the evidence. Anybody with pertinent knowledge is required to come to court and testify. They may submit written or video testimony if they cannot present in person.
 
Expert witnesses on technical problems may be asked to testify, and parties may request that the court invite informed experts to express their views.
 
Parties engaged in physical evidence or crime scenes must be present during inspections, and all parties concerned must document and sign the inspection.
 
Parties may seek that the court implements protective measures when evidence may be lost or difficult to recover. In urgent instances, interested people may seek protective measures before filing a lawsuit or arbitration.
 
Gathering and analyzing evidence is critical to preserving a fair and just judicial system. The Chinese Civil Procedure Law establishes particular protocols and principles to guarantee that evidence is properly and honestly assessed, laying the groundwork for competent court rulings.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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