The Guide to China’s Civil Evidence Rules is written by Mr. Chenyang Zhang (張辰揚(yáng)) and Mr. Yue Wu (武悅), lawyers at Yuanhe Partners.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.
Thu, 17 Nov 2022 China Law in One Minute Meng Yu 余萌
The recording of your conversation, though recorded without your permission, may well be submitted as evidence in Chinese courts. This may be quite different from the rules of evidence in some other countries.
Sun, 18 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Zhuo Yiwei 卓懿偉
The parties can engage expert assistants(專家輔助人) — or "China’s expert witness" as dubbed by some people — to help them express opinions on professional issues. Although the relevant rules of expert assistant need to be improved, the parties can give it a try to strengthen the persuasion of their opinions.
Sun, 11 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Ran Ren 任冉
"The burden of proof lies with the party asserting a proposition" (誰主張，誰舉證) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.
Sun, 27 Sep 2020 Insights Chenyang Zhang 張辰揚(yáng) , Yue Wu 武悅
The self-admission is the disposition of the litigant's procedural rights, and may have a substantive impact on the fact-finding and the burden of proof.
Sun, 20 Sep 2020 Insights Chenyang Zhang 張辰揚(yáng) , Xuan Zhao 趙暄
To participate in China's judicial proceedings, it is vital to understand the time limit system for presenting evidence. Although the evidence is still very much likely to be admitted by the court even if its presentation is delayed and may incur court punishment, the parties should try the best to present evidence on time.
Sun, 13 Sep 2020 Insights Chenyang Zhang 張辰揚(yáng) , Ran Ren 任冉
The technical examination officer (TEO) is a trial assistant to assist the judge in finding out technical facts of the case. Like the expert in authentication, the TEO is a neutral third party but has closer communication with judges.
Mon, 31 Aug 2020 Insights Chenyang Zhang 張辰揚(yáng) , Xuan Zhao 趙暄
In China, can a witness be spared appearing in court? Does cross-examination exist in Chinese courts? Here's what we need to know about witnesses and witness testimony in China's civil litigation.
Sun, 23 Aug 2020 Insights Chenyang Zhang 張辰揚(yáng) , Ran Ren 任冉
In Chinese civil litigation, standards of proof can be categorized into two groups: most to-be-proved facts are subject to “preponderance of the evidence” standard, and some special to-be-proved facts subject to “beyond a reasonable doubt” standard.
Sat, 25 Jul 2020 Insights Chenyang Zhang 張辰揚(yáng) , Zhu Mengxuan 朱夢璇
In litigation, the party may encounter a dilemma: how to use the key evidence contains confidential information that is better not known by the other party. Is it possible to keep such information confidential in litigation and to what extent can such information be kept confidential?