On June 4, 2002, the the Supreme People's Court Judicial Committee adopted the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation at its1224th meeting. It is hereby promulgated and shall come into force as of 10/day, 2002.
July 24(th), 2002
In order to accurately identify the facts of the case and try administrative cases fairly and promptly, these Provisions are formulated in accordance with the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as the Administrative Procedure Law) and other relevant laws and regulations, combined with the actual administrative trial.
I. Distribution of Burden of Proof and Time Limit of Proof
Article 1 According to Articles 32 and 43 of the Administrative Procedure Law, the defendant bears the burden of proof for a specific administrative act, and shall provide all the evidence and normative documents on which the specific administrative act is accused within 10 days from the date of receiving the copy of the indictment. If the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence for the specific administrative act being sued.
If the defendant is unable to provide evidence within the time limit specified in the preceding paragraph due to force majeure or other irresistible legitimate reasons, he shall, within ten days from the date of receiving the copy of the indictment, apply in writing to the people's court for an extension of providing evidence. If the people's court allows an extension of proof, the defendant shall provide evidence within 10 days after the justified reasons are eliminated. If it fails to provide it within the time limit, it shall be deemed that there is no corresponding evidence for the specific administrative act being sued.
Article 2 If the plaintiff or a third party puts forward rebuttal reasons or evidence that they did not put forward in administrative proceedings, the defendant may supplement the corresponding evidence in the procedure of first instance with the permission of the people's court.
Article 3 According to Article 33 of the Administrative Procedure Law, in the course of litigation, the defendant and his agent ad litem shall not collect evidence from the plaintiff and witnesses by themselves.
Article 4 When a citizen, legal person or other organization files a lawsuit in a people's court, it shall provide relevant evidential materials that meet the conditions for prosecution.
If the defendant is sued for inaction, the plaintiff shall provide the evidence that he has applied for in the administrative procedure. Except in the following cases:
(1) The defendant shall voluntarily perform his statutory duties according to his functions and powers;
(2) The plaintiff is unable to provide relevant evidential materials and can make a reasonable explanation because of the defendant's imperfect application registration system.
If the defendant believes that the plaintiff's prosecution has exceeded the statutory time limit, he shall bear the burden of proof.
Article 5 In an administrative compensation lawsuit, the plaintiff shall provide evidence for the fact that a specific administrative act has caused damage.
Article 6 The plaintiff may provide evidence to prove that the specific administrative act being sued is illegal. If the evidence provided by the plaintiff is not established, the defendant shall not be exempted from the burden of proof on the legality of the specific administrative act being sued.
Article 7 The plaintiff or a third party shall provide evidence before the court session designated by the people's court or on the day of exchanging evidence. If an application for extension of providing evidence is made for justified reasons, it may be provided in court investigation with the permission of the people's court. Failure to provide evidence within the time limit shall be deemed as waiver of the right to provide evidence.
Evidence provided by the plaintiff or a third party in the procedure of first instance without justifiable reasons in the procedure of second instance shall not be accepted by the people's court.
Article 8 When a people's court serves a notice of accepting a case or responding to a lawsuit on a party, it shall inform the party of the scope of proof, the time limit for proof and the legal consequences of providing evidence after the time limit, and inform the party that if it fails to provide evidence on time due to justifiable reasons, it shall file an application for delaying the provision of evidence.
Article 9 According to the first paragraph of Article 34 of the Administrative Procedure Law, the people's court has the right to require the parties to provide or supplement evidence.
The people's court may order the parties to provide or supplement relevant evidence if the facts are not disputed by the parties, but involve national interests, social public interests or the legitimate rights and interests of others.
Second, the requirement of providing evidence.
Article 10 According to Item (1) of Paragraph 1 of Article 31 of the Administrative Procedure Law, a party who provides documentary evidence to a people's court shall meet the following conditions:
(a) to provide the original documentary evidence, the original, the original and the copy belong to the original documentary evidence. If it is really difficult to provide the original, you can provide copies, photos and excerpts verified with the original;
(2) Where a copy, photocopy or transcript of the original documentary evidence kept by the relevant department is provided, the source shall be indicated, and the seal shall be affixed after verification by the department;
(three) to provide statements, drawings, accounting books, professional and technical materials, scientific and technological documents and other documentary evidence, it shall be accompanied by explanatory materials;
(4) The transcripts of inquiry, statement and conversation provided by the defendant based on the specific administrative act of the defendant shall be signed or sealed by the administrative law enforcement personnel, the interviewee, the statement and the statement.
Where laws, regulations, judicial interpretations and rules have other provisions on the form of documentary evidence, such provisions shall prevail.
Article 11 According to Item (2) of Paragraph 1 of Article 31 of the Administrative Procedure Law, the parties shall meet the following conditions when providing material evidence to the people's court:
(1) provide the original. If it is really difficult to provide the original, you can provide a copy verified with the original or other evidence such as photos and videos to prove the physical evidence;
(two) a large number of species, provide a part of it.
Article 12 According to Item (3) of Paragraph 1 of Article 31 of the Administrative Procedure Law, if a party provides computer data or audio-visual materials such as audio and video recordings to the people's court, it shall meet the following requirements:
(1) Relevant information provided by the original carrier. If it is really difficult to provide the original carrier, a copy can be provided;
(two) indicate the production method, production time, producer and certification object. ;
(3) Audio data should be accompanied by a written record of audio content.
Article 13 According to Item (4) of Paragraph 1 of Article 31 of the Administrative Procedure Law, a party who provides witness testimony to a people's court shall meet the following conditions:
(1) Name, age, sex, occupation and address of the witness;
(two) the signature of the witness, but not my signature, shall be proved by means of seal;
(3) indicate the date of issue;
(4) attach a copy of the resident identity card and other documents to prove the identity of the witness.
Article 14 According to Item (6) of Paragraph 1 of Article 31 of the Administrative Procedure Law, the expert conclusion provided by the defendant to the people's court in administrative proceedings shall specify the matters entrusted by the client and the appraiser, the relevant materials submitted to the appraisal department, the basis of the appraisal, the scientific and technical means adopted, and the description of the appraisal department and the qualification of the appraiser, and shall be signed and sealed by the appraiser. The evaluation conclusion obtained from the analysis should explain the analysis process.
Article 15 According to Item (7) of Paragraph 1 of Article 31 of the Administrative Procedure Law, the on-site record provided by the defendant to the people's court shall indicate the time, place and event, and shall be signed by the law enforcement personnel and the parties concerned. If the party refuses to sign or cannot sign, it shall indicate the reasons. If there are other people at the scene, they can sign it. Where laws, regulations and rules have other provisions on the production form of on-site transcripts, such provisions shall prevail.
Article 16 If the evidence provided by a party to a people's court is formed outside the territory of People's Republic of China (PRC), it shall state its source, be authenticated by the notary office of the country where it is located, be authenticated by the embassies and consulates of People's Republic of China (PRC) and China in that country, or go through the authentication procedures stipulated in the relevant treaties concluded between People's Republic of China (PRC) and the country where the evidence is located.
The evidence provided by the parties formed in People's Republic of China (PRC) Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province shall be authenticated in accordance with the relevant provisions.
Article 17 Where a party provides documentary evidence in a foreign language or foreign audio-visual materials to a people's court, it shall attach a Chinese translation or other accurate translation translated by a qualified translation agency, which shall affix its seal or the signature of the translator.
Eighteenth evidence involving state secrets, commercial secrets or personal privacy, the provider shall clearly mark, and explain to the court, the court for examination and confirmation.
Article 19 The parties shall classify and number the evidence materials submitted, briefly explain the sources, objects and contents of the evidence materials, sign or seal them, and indicate the date of submission.
Article 20 When the people's court receives the evidential materials submitted by the parties, it shall issue a receipt indicating the name, number of copies, number of pages, number of pieces, type and other contents. The evidence and the time of receipt, and signed or sealed by the person in charge.
Article 21 For a case with a complicated case or a large amount of evidence, the people's court may organize the parties to present or exchange evidence to the other party before the court session, and record the exchange of evidence in the record.
Three. Obtain and preserve evidence
Article 22 According to the second paragraph of Article 34 of the Administrative Procedure Law, the people's court has the right to obtain evidence from relevant administrative organs, other organizations and citizens under any of the following circumstances:
(1) Facts involving national interests, public interests or the legitimate rights and interests of others;
(2) Involving procedural matters such as adding parties ex officio, suspending litigation, ending litigation, and recusal.
Article 23 If the plaintiff or a third party cannot collect it by itself, but can provide clear clues, it may apply to the people's court to provide the following evidential materials:
(1) Evidence preserved by the relevant state departments and requested by the people's court;
(2) Evidence materials involving state secrets, commercial secrets and personal privacy;
(3) Other evidential materials that cannot be collected by themselves due to objective reasons.
In order to prove the legality of the specific administrative act, the people's court shall not seize the evidence that the defendant did not collect when he made the specific administrative act.
Article 24 Where a party applies to a people's court for obtaining evidence, it shall submit an application for obtaining evidence within the time limit for adducing evidence.
The application for obtaining evidence shall include the following contents:
(1) Basic information such as the name and address of the evidence holder;
(2) The contents of the evidence to be obtained;
(three) the reasons for applying for evidence collection and the facts of the case to be proved.
Article 25 If the people's court's application for obtaining evidence from a party meets the conditions for obtaining evidence after examination, it shall decide to obtain it in time; If it does not meet the conditions for obtaining evidence, it shall notify the party concerned or his agent ad litem and explain the reasons for not obtaining evidence. The parties and their agents ad litem may, within three days from the date of receiving the notice, apply in writing to the people's court that accepted the application for reconsideration once.
The people's court shall make a reply within five days from the date of receiving the application for reconsideration. If the people's court is unable to obtain the corresponding evidence according to the application of the parties, it shall inform the applicant and explain the reasons.
Article 26 If the evidence that the people's court needs to obtain is in a different place, it may entrust the people's court where the evidence is located to obtain it in writing. After receiving the power of attorney, the entrusted people's court shall complete the evidence collection work in time according to the entrustment requirements and submit it to the entrusted people's court. If the entrusted people's court cannot complete the entrusted contents, it shall inform the entrusted people's court and explain the reasons.
Article 27 Where a party applies to the people's court for evidence preservation in accordance with the provisions of Article 36 of the Administrative Procedure Law, it shall submit it in writing before the expiration of the time limit for adducing evidence, and explain the name and place of the evidence, the content and scope of preservation, the reasons for applying for preservation and other matters.
If the parties apply for evidence preservation, the people's court may require them to provide corresponding guarantees.
Where laws and judicial interpretations provide for the preservation of evidence before litigation, such provisions shall prevail.
Article 28 The people's court shall, in accordance with the provisions of Article 36 of the Administrative Procedure Law, preserve evidence, and may take preservation measures such as sealing up, detaining, taking photos, recording, video recording, copying, identifying, conducting an inquest, and making inquiry records according to specific circumstances.
When preserving evidence, the people's court may require the parties or their agents ad litem to be present.
Article 29 If the plaintiff or a third party has evidence or justified reasons to prove that the expert conclusion on which the defendant determines the facts of the case may be wrong and applies in writing for re-appraisal within the time limit of proof, the people's court shall allow it.
Thirtieth parties have objections to the appraisal conclusion made by the appraisal department entrusted by the people's court, apply for re-appraisal, and provide evidence to prove that one of the following circumstances, the people's court shall allow it:
(a) the appraisal department or appraiser does not have the corresponding appraisal qualification;
(2) The appraisal procedure is seriously illegal;
(3) The evidence of the appraisal conclusion is obviously insufficient;
(4) Other circumstances that cannot be used as evidence after cross-examination.
Defective appraisal conclusions can be solved by supplementary appraisal, re-examination or supplementary examination.
Article 31 If a party who bears the burden of proof for matters that need to be appraised fails to file an appraisal application, pay appraisal fees in advance or provide relevant materials within the time limit of proof without justifiable reasons, so that the appraisal conclusion cannot identify the disputed facts of the case, it shall bear the legal consequences of being unable to prove the facts.
Article 32 The people's court shall examine whether the appraisal certificate issued by the entrusted or designated appraisal department has the following contents:
(a) the contents of the assessment;
(2) Relevant materials submitted during the evaluation;
(three) the basis of identification and the scientific and technological means adopted;
(4) the evaluation process;
(5) A clear appraisal conclusion;
(6) A description of the assessment qualifications of the assessment departments and personnel;
(7) Signature and seal of appraiser and appraisal department.
If the contents of the preceding paragraph are missing or the conclusion of the appraisal is unclear, the people's court may request the appraisal department to make explanations, supplement the appraisal or re-appraise.
Article 33 The people's court may inspect the site at the request of the parties or ex officio.
When inspecting the site, the inspector must produce the documents of the people's court and invite local grass-roots organizations or the units where the parties belong to send people to participate. The parties concerned or their adult relatives shall be present. Refusing to be present at the scene will not affect the progress of the inquest, but the situation shall be explained in the inquest record.
Article 34 A judge shall make a record of the inquest, indicating the time and place of the inquest, the inquirer, the persons present, the process and results of the inquest, and shall be signed by the inquirer, the parties concerned and the persons present.
The site map drawn during the on-site inspection shall indicate the time, location, name and identity of the painter, etc.
If a party disagrees with the conclusion of the inquest, he may apply for a new inquest within the time limit for adducing evidence, and the people's court shall decide whether to grant it or not.
Four. Identification and verification of evidence
Article 35 Evidence shall be presented in court and cross-examined in court. Evidence that has not been cross-examined by the court cannot be used as the basis for finalizing the case.
Evidence that is not disputed and recorded by the parties in the process of evidence exchange before the trial can be used as the basis for determining the facts of the case after being explained by the judges in the trial.
Article 36 If the defendant refuses to appear in court without justifiable reasons after being summoned according to law, and the judgment needs to be made by default according to law, the evidence provided by the defendant cannot be used as the basis for finalizing the case, except the uncontroversial evidence exchanged by the parties before the court.
Thirty-seventh involving state secrets, commercial secrets, personal privacy or other evidence that should be kept confidential by law, shall not be publicly cross-examined in court.
Article 38 The evidence that a party applies to a people's court for taking shall be presented by the party applying for taking evidence in court and cross-examined by the party.
The evidence obtained by the people's court ex officio shall be presented by the court, which can explain the situation of obtaining the evidence and listen to the opinions of the parties.
Article 39 The parties shall conduct cross-examination around the relevance, legality and authenticity of the evidence, whether the evidence has probative effect and the magnitude of probative effect.
With the permission of the court, the parties and their agents may ask each other questions about evidence, or they may ask questions to witnesses, expert witnesses and inspectors.
When the parties and their agents ask questions to the other party or to witnesses, experts and inspectors, the content of the questions should be related to the facts of the case, and no language or means such as seduction, threat or insult may be used.
Article 40 When conducting cross-examination of documentary evidence, material evidence and audio-visual materials, the parties concerned shall produce the originals or original materials. Except under any of the following circumstances:
(1) If it is really difficult to produce the original or the original, a copy or duplicate may be produced with the permission of the court;
(two) the original or the original no longer exists, you can produce other evidence to prove that the copy and the copy are consistent with the original and the original.
Audio-visual materials shall be broadcast or displayed in court and cross-examined by the parties concerned.
Article 41 Anyone who knows the facts of a case has the obligation to testify in court. Under any of the following circumstances, with the permission of the people's court, the parties may submit written testimony:
(a) the parties have no objection to the testimony of witnesses in administrative procedures or the exchange of evidence before court;
(2) The witness is unable to appear in court due to old age, infirmity or mobility difficulties;
(three) the witness is unable to appear in court because of the long distance and inconvenient transportation;
(4) The witness is unable to appear in court due to force majeure such as natural disasters or other emergencies;
(five) the witness is really unable to appear in court for other special reasons.
Article 42 A person who cannot express his meaning correctly cannot testify.
According to the application of the parties, the people's court may examine whether the witness can correctly express his will, or refer it to the relevant departments for appraisal. When necessary, the people's court may also refer it to the relevant departments for appraisal ex officio.
Article 43 Where a party applies for a witness to testify in court, it shall do so before the expiration of the time limit for adducing evidence and obtain the permission of the people's court. If the people's court allows a witness to testify in court, it shall notify the witness to testify in court before the court session.
During the trial, if the parties require the witness to testify in court, the court may decide to grant or postpone the trial according to the specific circumstances of the trial.
Article 44 In any of the following circumstances, the plaintiff or a third party may require the relevant administrative law enforcement personnel to testify in court:
(1) Objecting to the legality and authenticity of the on-site transcripts;
(2) disagreeing with the type or quantity of the seized property;
(3) Objecting to the sampling or storage of the inspected articles;
(four) there are objections to the legality of the identity of administrative law enforcement personnel;
(five) other circumstances that need to testify in court.
Article 45 When testifying in court, a witness shall show his identity certificate. The court should inform him of his legal obligation to testify honestly and his legal responsibility for perjury.
Witnesses who testify in court shall not sit in on the trial of the case. When the court questions witnesses, no other witnesses shall be present except those who organize witness confrontation.
Article 46 A witness shall state the specific facts he has witnessed. The judgment, speculation or comment made by the witness based on experience cannot be used as the basis for finalizing the case.
Article 47 Where a party requests an expert witness to appear in court for cross-examination, the expert witness shall appear in court. If the appraiser is unable to appear in court for justifiable reasons, he may not appear in court with the permission of the court, and the parties shall cross-examine his written appraisal conclusion.
Justifiable reasons why an expert witness cannot appear in court shall refer to the provisions of Article 41 of these Provisions.
The court shall verify the identity of the appraiser who appears in court for questioning and his relationship with the parties and the case, and inform the appraiser that he has the legal obligation to truthfully explain the appraisal situation and the legal responsibility to intentionally make false statements.
Article 48 With regard to the specialized issues involved in the sued specific administrative act, the parties may apply to the court for a professional to appear in court to explain, and the court may also notify the professional to appear in court to explain. When necessary, the court may organize professionals to conduct confrontation.
If the parties have any objection to whether the professionals appearing in court have the corresponding professional knowledge, academic qualifications, qualifications and other professional qualifications, they may ask. Whether he can appear in court as a professional is up to the court.
Professionals can ask appraisers.
Article 49 In the process of cross-examination, the court shall exclude evidence irrelevant to the case and explain the reasons.
In the process of cross-examination, if the court allows the parties to supplement evidence, the supplementary evidence should still be cross-examined.
The court will not cross-examine the evidence after the trial unless it is really necessary.
Article 50 In the procedure of second instance, the court shall cross-examine the new evidence provided by the parties according to law; If the parties are still controversial about the evidence found in the first instance, the court shall also conduct cross-examination.
Article 51 In a case tried in accordance with the procedure of trial supervision, the court shall cross-examine the new evidence provided by the parties according to law; Because the evidence of the original judgment or ruling is insufficient, the court should also cross-examine the main evidence involved in the retrial.
Article 52 "New evidence" in Articles 50 and 51 of these Provisions refers to the following evidence:
(1) Evidence that an extension should be granted in the procedure of first instance without extension;
(2) Evidence obtained by the parties in the procedure of second instance according to law without permission or acquisition;
(3) Evidence provided by the plaintiff or a third party and found after the expiration of the time limit for adducing evidence.
Verb (abbreviation of verb) Examination and determination of evidence
Article 53 When trying an administrative case, the people's court shall be based on the facts of the case.
Article 54 The court shall examine the evidence that has been cross-examined in court and the evidence that does not need to be cross-examined, and comprehensively examine all the evidence, follow the professional ethics of judges, use logical reasoning and life experience, comprehensively, objectively and fairly analyze and judge, determine the evidential relationship between the evidence materials and the facts of the case, exclude irrelevant evidence materials, and accurately identify the facts of the case.
Article 55 The court shall, according to the specific circumstances of the case, examine the legality of the evidence from the following aspects:
(1) Whether the evidence conforms to the legal form;
(2) Whether the acquisition of evidence meets the requirements of laws, regulations, judicial interpretations and rules;
(3) Whether there are other illegal circumstances that affect the validity of evidence.
Article 56 The court shall, according to the specific circumstances of the case, examine the authenticity of the evidence from the following aspects:
(a) the reasons for the formation of evidence;
(2) the objective environment when the evidence is found;
(3) Whether the evidence is the original, and whether the duplicates and reproductions are consistent with the original and the original;
(four) whether the person or witness who provides evidence has an interest with the party concerned;
(5) Other factors affecting the authenticity of the evidence.
Article 57 The following evidential materials cannot be used as the basis for finalizing a case:
(1) Evidence materials collected in serious violation of legal procedures;
(2) Obtaining evidence materials that infringe upon the lawful rights and interests of others by taking candid photos, secretly recording or eavesdropping;
(three) evidence obtained by inducement, fraud, coercion, violence and other improper means;
(four) the parties provide evidence beyond the time limit without justifiable reasons;
(5) Evidence materials formed outside People's Republic of China (PRC) or in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province;
(six) the parties refused to provide the original without justifiable reasons, and there was no other evidence to prove it, and the other party refused to recognize the copy or duplicate of the evidence;
(seven) the parties or others can not identify the evidence through technical processing;
(8) Testimony provided by witnesses who cannot correctly express their will;
(9) Other evidential materials that are not legal and authentic.
Article 58 Evidence obtained in violation of the prohibitive provisions of the law or infringing upon the legitimate rights and interests of others cannot be used as the basis for ascertaining the facts of a case.
Article 59 In administrative proceedings, if the defendant requests the plaintiff to provide evidence according to legal procedures, and the plaintiff refuses to provide evidence according to law, the evidence provided in the proceedings will generally not be accepted by the people's court.
Article 60 The following evidence cannot be used as the basis for determining the legality of the specific administrative act being sued:
(a) the evidence collected by the defendant and his agent ad litem after the specific administrative act or in the course of litigation;
(2) Evidence used by the defendant in administrative procedures to illegally deprive citizens, legal persons or other organizations of the right to state, defend or hear according to law;
(3) Evidence provided by the plaintiff or a third party in the litigation, which the defendant did not use as the basis for specific administrative actions in the administrative litigation.
Article 61 The evidence collected and supplemented by the reconsideration organ in the reconsideration procedure, or the evidence that the administrative organ that made the original specific administrative act did not submit to the reconsideration organ in the reconsideration procedure, cannot be used as the basis for the people's court to determine the legality of the original specific administrative act.
Article 62 If the plaintiff or a third party provides evidence to prove that there are any of the following circumstances, the people's court shall not adopt the expert conclusion adopted by the defendant in administrative proceedings:
(a) the appraiser does not have the qualification for appraisal;
(2) The appraisal procedure is seriously illegal;
(3) The appraisal conclusion is wrong, unclear or incomplete.
Article 63 The probative force of several pieces of evidence proving the same fact can generally be determined according to the following circumstances:
(a) the official documents produced by state organs and other functional departments according to their functions and powers are superior to other documentary evidence;
(2) The appraisal conclusion, on-site record, inspection record, archival materials, notarized or registered documentary evidence are superior to other documentary evidence, audio-visual materials and witness testimony;
(three) the original, the original is superior to the copy, copy;
(4) The appraisal conclusion of the statutory appraisal department is superior to that of other appraisal departments;
(5) The transcripts produced by the court presiding over the inquest are superior to those produced by other departments;
(6) The original evidence is superior to the evidence;
(seven) the testimony of other witnesses is superior to the testimony provided by witnesses who have relatives or other close relationships with the parties;
(eight) the testimony of witnesses who testify in court is superior to that of witnesses who do not testify in court;
(9) Several kinds of evidence with the same content are better than one kind of isolated evidence.
Article 64 Electronic data interchange, e-mail and other data fixed or displayed on tangible carriers, whose production and authenticity are confirmed by the other party or proved by other effective means such as notarization, shall have the same proof effect as the original.
Article 65 If one party or his agent explicitly recognizes the facts of the case stated by the other party within the scope of agency authority during the trial, the people's court may confirm it. Unless there is enough evidence to overturn it.
Article 66 In an administrative compensation lawsuit, the parties' determination of the facts of the case in order to reach a mediation agreement when the people's court presides over mediation shall not be used as evidence against them in subsequent lawsuits.
Article 67 In the absence of external influence, if the evidence provided by one party is clearly recognized by the other party, the probative effect of the evidence may be determined; If the other party denies it, but can't provide sufficient evidence to refute it, it can examine and determine the probative effect of the evidence in combination with the whole case.
Article 68 The court may directly determine the following facts:
(1) Well-known facts;
(2) Natural laws and theorems;
(3) Facts presumed according to law;
(4) Facts that have been proved according to law;
(5) Facts inferred from the laws of daily life experience.
Items (1), (3), (4) and (5) of the preceding paragraph, unless the parties have evidence to the contrary that can be overturned.
Article 69 The plaintiff does have evidence to prove that the evidence possessed by the defendant is beneficial to the plaintiff, and if the defendant refuses to provide it without justifiable reasons, it can be presumed that the plaintiff's claim is established.
Article 70 The facts confirmed in the effective judgment document of the people's court or the ruling document of the arbitration institution may be used as the basis for finalizing the case. However, if it is found that there are major problems with the facts identified in the written judgment or ruling, the lawsuit shall be suspended and resumed after being corrected by legal procedures.
Article 71 The following evidence cannot be used as the basis for a final decision alone:
(1) Testimonies made by minors that are not suitable for their age and intellectual status;
(2) Testimony in favor of the party concerned by a witness who has kinship or other close relationship with the party concerned, or testimony against the party concerned by a witness who has unfavorable relationship with the party concerned;
(three) the testimony of witnesses who should testify in court but do not testify in court without justifiable reasons;
(four) it is difficult to identify whether the audio-visual materials have been modified;
(five) copies or reproductions that cannot be checked with the original and the original;
(6) Evidence materials modified by one party or others and rejected by the other party;
(seven) other evidence materials that cannot be used as the basis for the final decision alone.
Article 72 If the evidence that has been cross-examined by the court can be recognized by the court, the court shall recognize it; If it cannot be recognized in court, it shall be recognized in a collegial panel.
The people's court shall specify the reasons for the admissibility of evidence in the judgment documents.
Article 73 If the court finds that the evidence in court is wrong, it may correct it in the following ways:
(1) If an error is found before the end of the trial, it shall be re-identified;
(two) after the trial, before the verdict is found to be wrong, it should be corrected in the judgment document and explain the reasons, or it can be recognized in another court session;
(three) there are new evidence materials that may overturn the evidence that has been identified and need to be re-opened.
Supplementary clause of intransitive verbs
Article 74 The personal and property safety of witnesses, expert witnesses and their near relatives shall be protected by law.
The people's court shall keep the addresses and contact information of witnesses and expert witnesses confidential.
Article 75 The reasonable expenses for witnesses and expert witnesses to testify in court or accept inquiries shall be paid by the party providing the witnesses and expert witnesses in advance and borne by the losing party.
Article 76 A witness or expert witness who commits perjury shall be investigated for legal responsibility in accordance with the provisions of Item (2) of Paragraph 1 of Article 49 of the Administrative Procedure Law.
Article 77 If a participant in a lawsuit or any other person threatens, insults, beats, harasses or retaliates against a judge, witness, expert witness, inspector and their near relatives, he shall be investigated for legal responsibility in accordance with the provisions of Item (3), Item (5) and Item (6) of Paragraph 1 of Article 49 of the Administrative Procedure Law.
Article 78. Cooperate with others.