Evidentiary Standards for Trade Secret Misappropriation in Labor Arbitration
PRC labor arbitration requires employers to prove contractual breach, asset confidentiality, and exact damages without statutory burden shifting.
Civil Procedure Law Article 69
Meaning
Statutory provision in the civil litigation framework of the People’s Republic of China that governs the collection and verification of evidence. Legal proceedings under civil procedure law article 69 require that any evidence submitted to the court is authenticated through cross examination or official verification. It provides the court with the authority to request original documents or physical evidence from relevant parties or government departments.
Evidentiary Requirement
Verification of evidence involves checking the source and the preservation chain of the material presented. Parties must produce the original version of a contract or a certificate unless a certified copy is explicitly permitted by the judge. When a document is held by a third party, the court issues a subpoena for its production to ensure the record is complete.
This requirement prevents the use of forged or tampered evidence in commercial disputes.
Judicial Authority
Judges use this article to initiate independent investigations when the facts of a case remain unclear. The court can interview witnesses or conduct on-site inspections of manufacturing facilities to resolve technical disagreements. This power allows the tribunal to look beyond the submissions provided by the litigants.
Such intervention is typical in complex intellectual property cases where the technical details are central to the ruling.
Compliance Obligation
Entities must cooperate with the court’s request for information under penalty of fines or detention for responsible individuals. If a company refuses to provide the required evidence without a valid legal reason, the court may presume the facts alleged by the opposing party are true. This creates a strong incentive for transparency during the discovery phase.