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18521536308最高人民法院关于民事诉讼证据的若干规定英文版（节选）
2022-06-25
（版权声明：《最高人民法院关于民事诉讼证据的若干规定》英文版译著由上海金律团翻译有限公司的张佳奇律师翻译完成。未经本公司许可，不得擅自复制传播！）
Rules of Civil Evidence of the Supreme People's Court
Rules of Civil Evidence of the Supreme People's Court
Adopted at the 1201st meeting of the SPC Judicial Committee on December 6, 2001
Amended in accordance with the Decision on Amending the Rules of Civil Evidence made at the 1777th meeting of SPC Judicial Committee on October 14, 2019
These Rules are promulgated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law") and other applicable laws, in combination with the experience and practice in civil proceedings, in order to ensure that the people's courts correctly determine the facts of cases and hear civil cases in an impartial and timely manner, and safeguard and facilitate the exercise of the litigious rights of the parties.
I. Burden of Evidence
Article 1 A plaintiff who files a complaint or a defendant who files a counterclaim with a people's court shall provide appropriate evidence that meets the requirements for bringing a lawsuit.
Article 2 The people's court shall inform the parties of the requirements for and legal consequences of adducing evidence, and order the parties to adduce evidence actively, comprehensively, properly, and honestly within a reasonable period.
Where a party fails to collect evidence on his own for any cause not attributable to such party, he may file a petition for collecting evidence through investigations to the people's court.
Article 3 Where a party states or explicitly admits a fact that is unfavorable to such party in the process of the proceedings, the other party shall not be obligated to adduce evidence to prove the fact.
The provisions of the preceding paragraph shall apply to the facts that are unfavorable to a party and explicitly admitted by the party in the process of evidence exchange, examination, or investigation, or in the complaint, statement of defense, attorney's statement, or other written documents.
Article 4 Where a party neither admits nor denies a fact claimed by the other party that is unfavorable to the first party, and the first party refuses to explicitly admit or deny after the judge's explanation and examination, the fact shall be deemed admitted.
Article 5 Where a party engages an agent ad litem in civil proceedings, a fact admitted by the agent ad litem shall be deemed admitted by the party, except for the issues explicitly excluded in the power of attorney.
Provided, however, that a fact admitted by a party's agent ad litem shall not be deemed admitted by the party if it is explicitly denied by the party in the presence of the agent ad litem.
Article 6 In a common class action lawsuit, the admission of a fact by one or more of the co-litigants shall be binding on the co-litigant or co-litigants who admitted the fact.
In a necessary class action lawsuit, the admission of a fact by one or more of the co-litigants shall not be binding on the co-litigant or co-litigants who denied the fact. Where other co-litigants neither admit nor deny the fact and refuse to explicitly express their opinions after the judge's explanation and examination, the fact shall be deemed admitted by all the co-litigants.
Article 7 Where a party imposes restrictions or conditions on his admission of a fact claimed by the other party that is unfavorable to the first party, the people's court shall decide whether the fact constitutes an admitted fact comprehensively considering the circumstances of the case.
Article 8 The provisions on admission shall not apply to the facts specified in the first paragraph of Article 96 of the Interpretations of the Supreme People's Court on Issues Pertaining to the Application of the Civil Procedure Law of the People's Republic of China.
The people's court shall not confirm a fact that has been admitted but is inconsistent with the fact that has been ascertained.
Article 9 The people's court shall permit a party to withdraw his admission of a fact before the closure of the court debate:
(1) with the consent of the other party; or
(2) if the fact was admitted under duress or as a result of a major mistake.
Where the people's court permits a party to withdraw his admission, it shall make an oral or written order.
Article 10 A party shall not be required to adduce evidence to prove the following facts:
(1) natural laws, theorems, and axioms;
(2) well-known facts;
(3) facts construed in accordance with the law;
(4) facts inferred from known facts and rules of daily life experience;
(5) facts confirmed by effective arbitration awards;
(6) basic facts confirmed by decrees or orders of people's courts that have become effective in accordance with the law; or
(7) facts proved by valid notarial documents.
Provided, however, that the facts in Items (2) to (5) of the preceding paragraph may be refuted if a party has sufficient evidence to the contrary, and that the facts in Items (6) to (7) may be overturned if the party has sufficient evidence to the contrary.
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