In hearing the case, the court shall take facts as the basis and law as the criteria and the facts could only be proved by evidences.

How to Collect Evidences?

The plaintiff and defendant shall collect ample evidence pursuant to his/her allegation and provide such evidences to the court. Evidences include documentary evidence, physical evidence, witness’ testimony, audio-visual recordings, statement of a party, expert opinion and transcripts of survey. For detailed information on how to collect evidence, you may refer to our official website www.gzhsfy.org

Evidence shall be collected by legal means, or the court will not admit such evidence for the decision of the case. In case any party counterfeits or destroys evidence, produces false evidence or prevents any witness from bearing witness, instigates, bribes or threatens other people to give false testimonies, or threatens, insults, inflicts violence upon, harasses, or takes revenge against any witness, authenticators or inquisitor or their close relatives, shall be deemed as in violation of laws, and shall be imposed a fine or detention based on the circumstances. If a crime is committed, the court shall investigate them for criminal liabilities according to law.

Where the evidence is the archive files kept by relevant organs of the state and must be accessed by the court upon authority, or concern state secrets, commercial secrets or personal privacy, or the evidence cannot be collected by the parties concerned due to objective reasons, the relevant parties concerned may apply to the court for investigation upon and collection of evidence.

Under circumstances where there is a likely-hood that evidence may be destroyed, lost or too difficult to obtain later on, parties concerned may apply to the court for the preservation of the evidence.

What should be noted is that the application for collection and preservation of evidence shall be submitted in writing and no later than 7 days prior to the expiration of the term for producing evidence.