Meaning
Judicial rule in Chinese civil procedure that allows a court to assume the truth of a claim when a party refuses to provide evidence they are known to possess. The article 69 evidence presumption applies specifically to cases where a defendant hinders the discovery process by withholding financial records or technical drawings. This mechanism prevents a party from benefiting from their own non-cooperation during the litigation of intellectual property disputes.
Presumptive Fact
Courts determine the existence of a specific fact based on the refusal of the holder of evidence to comply with a production order. If a factory owner hides production logs during an audit related to patent infringement, article 69 evidence presumption permits the judge to accept the plaintiff’s estimate of the production volume. This assumption forms the basis for calculating damages when exact figures are obscured by the infringing party.
Obstruction Consequence
Sanctions for withholding data extend beyond the mere loss of a specific factual argument. Under article 69 evidence presumption, a persistent refusal to cooperate can lead the tribunal to adopt the most unfavorable interpretation of the missing evidence. Justice depends on the ability of the court to penalize the suppression of truth.
Application Limit
Judges only invoke this rule after a formal order to produce has been ignored without a valid justification. Such justifications usually involve national security or trade secret protection for unrelated matters.
