Meaning
Judicial interpretations issued by the highest court in China clarify the burden of proof and the procedures for admitting evidence in civil litigation. The supreme people’s court rules on evidence establish the timeline for parties to submit their materials and the consequences for failing to do so. These rules provide detailed instructions on the handling of expert opinions and electronic data.
They clarify the evidentiary standards for both judges and practitioners in maintaining the integrity of the trial process.
Evidence Submission
Parties must provide all their evidence during a specified period known as the evidence exchange phase. The supreme people’s court rules on evidence grant the judge the power to exclude any materials submitted after the deadline unless there is a justifiable reason for the delay. This encourages litigants to be prepared and prevents the use of stalling tactics during the lawsuit.
It also allows the opposing side enough time to prepare a rebuttal.
Expert Witness
Specific provisions within the document govern the cross examination of forensic experts. The supreme people’s court rules on evidence require that if a court appointed appraiser is summoned, they must appear in person to answer questions from the litigants. If the appraiser refuses to attend, the court has the authority to order a refund of the appraisal fees and strike the report from the record.
This ensures that technical evidence is subject to the same level of scrutiny as other forms of testimony.
Electronic Data
Modern rules have expanded the definition of evidence to include digital communications and blockchain records. The supreme people’s court rules on evidence set the standards for authenticating emails and chat logs. Courts must consider the reliability of the platform where the data was generated and the integrity of the storage method.
