Classification of Evidence

Types of Evidence
In accordance with Article 66 of The Civil Procedure Law of the People's Republic of China, evidence includes the following types:
(1) statements of the parties;
(2) documentary evidence;
(3) real evidence;
(4) audio-visual materials;
(5) electronic data;
(6) witness testimony;
(7) appraisal opinion; and
(8) investigation record.
And electronic data includes the following information and electronic documents (see Rules of Civil Evidence of the Supreme People's Court, Article 9):
(1) information published by web pages, blogs, microblogs, and other network platforms;
(2) communication information of SMSs, e-mails, instant messaging, communication groups, and other network application services;
(3) user registration information, identity authentication information, electronic transaction records, communication records, login history reports, and other information;
(4) documents, pictures, audio/video materials, digital certificates, computer programs, and other electronic files; and
(5) other information stored, processed, and transmitted in digital form that can prove the facts of the case.
No evidence shall be used as the basis for ascertaining a fact in issue unless it is verified to be true.
The documents and materials submitted as evidence should be classified and numbered piece by piece and accompanied by a brief description of the sources, facts to prove, and contents, carry the signature or seal of the submitting party, and indicate the date of submission, and the number of copies submitted shall be based on the number of members of the other party. For this purpose, a list of evidence is the best practice.

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Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

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