Meaning
Statutory evidence rules under Chinese civil procedure mandate that litigating parties hold primary responsibility for proving their factual assertions. Foreign companies bringing contract breach claims rely on prc civil procedure law article 67 to establish evidentiary obligations during trial. The statutory burden allocation stops applying when civil courts exercise discretionary authority to collect evidence directly for public interest or procedural reasons.
Evidentiary Burden
Litigants must gather, translate, and notarize all documentary evidence required to support their monetary or contractual claims. Plaintiffs alleging product defects must supply certified inspection reports, purchase agreements, and written communications proving vendor breach. Courts reject uncorroborated oral testimony or unverified internal records that fail to meet statutory authenticity requirements.
Litigants unable to present adequate documentary proof face immediate dismissal of claims without judicial trial on merits.
Judicial Investigation
Courts may independently collect evidence upon written application when parties demonstrate objective inability to obtain necessary government records. Judges issue court investigation orders to obtain bank records, customs declarations, or corporate registration files held by state agencies.
Litigation Effect
Strict application of statutory burden requirements forces foreign litigants to maintain organized cross-border evidentiary records. Under prc civil procedure law article 67, failure to present notarized and authenticated contracts results in summary loss of actionable legal claims. Documenting every transaction step ensures enforceable civil claims in Chinese courts.
