Meaning
Procedural rules within the primary civil code of the People’s Republic of China define the fundamental requirements for evidence used in litigation. The prc civil procedure law article 66 mandates that all evidence must be presented in court and undergo cross examination before it can be used as a basis for a judgment. This provision ensures that every piece of information, whether a document or a physical object, is subjected to scrutiny by the opposing party.
The law emphasizes the transparency of the fact finding process in the judicial system. It also protects the rights of the parties by preventing the use of illegally obtained or forged documents in a trial.
Verification Duty
Judges have the responsibility to verify the authenticity and relevance of each item submitted by the litigants. Under the prc civil procedure law article 66, any evidence that has not been examined in open court cannot be the sole grounds for a decision. This protection allows parties to point out contradictions or inaccuracies in the materials provided by their opponents.
The tribunal must record the results of this examination in the formal case file.
Legal Compliance
Foreign companies operating in China must understand that their internal records or contracts are subject to these rigorous review standards. Compliance with the prc civil procedure law article 66 means that a plaintiff cannot rely on surprise evidence introduced at the last minute. All materials should be organized and translated into Chinese to facilitate the required cross examination.
Failure to follow these steps often leads to the evidence being excluded from the proceedings. This can be particularly damaging in high stakes commercial disputes where the outcome depends on the validity of a single technical document or signature.
Procedural Limit
The rule applies to all types of evidence including witness testimony and expert opinions. While the prc civil procedure law article 66 sets the standard for examination, other sections of the law detail the specific ways to authenticate digital records. The court may also conduct its own investigation if it believes the evidence presented by the parties is insufficient or suspicious.
