The duty and requirements of presenting evidence for civil dispute cases are enacted in accordance with the Civil Procedure Law of the People’s Republic of China and Several Provision of the Supreme People’s Court on Evidence in Civil Procedures and for the purpose of fully grasping the evidence, promoting the fairness and efficiency of the case and protecting your legitimate rights and interests. Please read the following content carefully.

1. Presenting and Impeaching Evidence on the Focus of the Dispute

After sorting out the facts of the dispute that need to be identified in the investigation of the case, you need to prove the facts of the case. Judges will organize the parties to presenting and impeaching evidence. To improve the efficiency of the trial, presenting and impeaching evidence shall focus on the dispute.

2. Evidence Submission Liability and Duration

You have the responsibility to submit evidence on which you sue your claim or refute the action of the other party. If there is no evidence or if evidence is insufficient to prove the fact, the party who presented the evidence will bear adverse consequences. You should submit evidence to the court within the time limit of presenting evidence specified by the court. If there is any difficulty in submitting the evidence within the time limit of presenting evidence, you shall apply to the court for an extension of presenting evidence and the duration may be extended if permitted.

3. Please Provide the Original Evidence

During the trial stage, the original evidence of both parties should be impeached. If there is no original evidence, the copy may also be impeached in the case of judges’　permission. Lack of original evidence may lead to the delay of the procedure or the court may not adopt it as the authenticity cannot be verified. Therefore, it is very important for the parties to carry the original evidence.

4. Presenting and Impeaching Evidence should be Comprehensive, True, Objective, Legal and Timely

When submitting evidence to the court, the parties should ensure that the evidence is original, unarbitrary and unbiased. The parties should not just recognize what benefits them and exclude what is in favor of the other party. Otherwise in the case of sufficient evidence of the other side, the trial of the case may be unfavorable to yourself. Presenting and impeaching evidence should be comprehensive and objective, showing the whole picture of the case, so that the court can fully understand the truth the case and trial the case impartially. Presenting and impeaching evidence should be logical. Before presenting evidence, the parties should arrange the evidence so that it is logical, where each piece evidence can be closely linked with others and altogether form a solid chain of evidence.

During the trial, the parties shall state the cause, purpose or other matters of each item of evidence presented to the court clearly and accurately. When the other party presents the impeaching opinions, the party shall prompt reply to the opposing party's opinions rather than leaving it to the final statement.

5. Please Provide Relevant Evidence of Subject Qualification in Accordance with the Following Requirements

It is mainly to prove that you are the right subject of litigation, and in the case of future procedure that you can be contacted in time so that the litigation documents can be delivered to you.

If you are an individual, you shall submit your identity information of your name, gender, age, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport, Hong Kong and Macao residents permit to the mainland, Taiwan residents' permit to the mainland and so on.

If you represent a legal person or other organization, you shall submit the business license registration certificate or organization code certificate of the legal person or other organization as well as the identity certificate of the legal representative or the principal person in charge.

6. You may Apply to the Court for the Situation of Investigation and Collection of Evidence 　　

In the case of one of the following conditions, the party concerned and his Litigation representative may apply to the court for investigation and collection of evidence: 　　

6.1 The evidence of investigation and collection is an archival material that is kept by the relevant state departments and must be transferred by the court in accordance with the functions of the file material;

6.2 The materials are related to state secrets, trade secrets and personal privacy; 　　

6.3 Other materials that the parties and their agents may not collect on their own because of objective reasons.

If a party or his litigation representative applies to the court for investigation and collection of evidence, he shall submit a written application, which shall not be later than 7 days before the period of presenting evidence.

7. Requirements for Witnesses to Appear in Court

The application for witnesses to appear in court shall be made 10 days prior to the expiration of presenting evidence period and approved by the people's court.

8. Certification Formalities of Extraterritorial Evidence

If your evidence is formed aboard, it shall be certified by the notary office of the host country and certified by the Chinese embassy in that country, or carried out by the formalities prescribed in the relevant treaties concluded between China and the host country. If the evidence submitted is formed in Hong Kong, Macao and Taiwan, the relevant certification formalities should be carried out. If you submit a foreign language documentary or foreign language information to the court, it should be accompanied by a Chinese translation.

9. Consequences of Incorrect Presenting and Impeaching Evidence 　　

In China's civil litigation, the principle of “whoever advocates, whoever presents evidence”　is established where the parties concerned are responsible for providing evidence of their own claims. The evidence obtained by the party or his litigation representative in violation of the lawful rights and interests of others or in violation of the prohibitive provisions of the law will not be used as the basis for the determination of the facts of the case.

Any of the parties or other participants who forge or destroy evidence, provide false evidence event the witness to appear in court, instigate, suborn and coerce others to commit perjury, or take　revenge against the witnesses, appraisers and inspectors shall be imposed upon with fines, detention and penalties in accordance with the severity of the circumstances and if the circumstances are serious, criminal responsibility shall be investigated in accordance with law.