I. principles

Article 64 of the civil procedure law provides that the parties shall provide evidence for their claims. The proof of the party is not only a lawsuit right, but also a lawsuit obligation.

1. Evidence is the basis for identifying and determining the real situation of the case. The civil procedure law stipulates that there are several types of evidence: (1) documentary evidence; (2) material evidence; (3) audio-visual materials; (4) witness testimony; (5) statements by the parties; (6) identification conclusion (7) inspection record;

2. The parties shall proactively provide evidence or evidence to the people's court, or prove their claims and refute their claims. If the parties refuse to provide evidence, or fail to provide evidence, the investigation and collection of the people's court shall not collect the evidence, and shall bear the legal consequences of the failure.

3. According to the relevant laws and regulations, the people's court shall be responsible for the investigation and collection of the evidence: (1) the party and the agent may not collect the evidence for objective reasons; (2) the people's court deems it necessary to identify and examine; (3) the evidence provided by the parties is inconsistent and undetermined; (4) other evidence that the people's court deems that it should be collected by itself.

4. When the people's court collects the evidence, it shall be presided over by the adjudicator.

5. The documents to be copied from the relevant units and departments shall indicate the name and provenance of the material, and the official seal shall be added to the relevant parties.

6. Materials submitted by the parties and their agents shall be required to sign and specify the date of delivery on the material. If the evidence material is a copy, the provider shall provide the original for verification by the judge. If a person refuses to provide a clue to the original or original, no other material can be confirmed, and the other party refuses to acknowledge it, and shall not be regarded as the basis for the determination of the facts in the lawsuit. After verification, the judge shall indicate on the copy that the original is the same as the original, and sign the person's name.

7. The following facts are not required by the parties concerned: (1) the facts of the case and the claim made by one party to the other party shall be clearly acknowledged. (2) well-known facts and laws of nature and theorems; (3) another fact that can be determined according to the provisions of the law and known facts; (4) the facts that have been determined by the judges who have been legally effective in the people's courts; (5) the facts proved by the valid notarized certificate.

Ii. General evidence

In the case of prosecution or defence, the parties shall provide the following general evidence:

1. Name, gender, date of birth and identity card (including identity card, work card or household register, etc.); The business license or government approval of a legal person or other organization, as well as the identification of legal representative of a legal person.

2. If the entrusted agent participates in the litigation, the power of attorney shall specify the authority of the entrusted agent.

The facts, evidence and source of evidence and evidence of the dispute, as well as the name, unit and address of the witness.

4. Foreign-related litigation, the identity certificate of the foreign nationality of the party concerned; The foreign language complaint (defence) shall provide a Chinese translation; The power of attorney shall be notarized by the notarization authorities of the host country and shall be certified by the Chinese consulate.

(5) where the compatriots in Hong Kong, Macao and Taiwan have sued or defended themselves, they shall present the resident identity card or the certificate of return, or other certificates confirming their identity; If the court has filed a lawsuit, the prosecution, defense, power of attorney, etc., shall be proved to be effective by Hong Kong lawyers appointed by China's judiciary or relevant associations. Documents must be original.

6. In case of prosecution or defence, the overseas Chinese shall present the passport issued by the Chinese diplomatic and consular missions abroad; The pleadings of the court, the defence, the power of attorney, etc., shall be proved by the Chinese diplomatic and consular missions in the country, which have not been proved by the local overseas Chinese group.

7. Administrative decision letter, or other written material, of compensation, land dispute and other cases handled by the administrative authority.

Iii. Specific case evidence (example)

1. Relevant evidence must be provided for the housing leasing case

(1) house lease agreement.

(2) the status of the lessee of the oral agreement, the date of commencement of the lease, the means of lease and delivery, the amount of arrears and the amount of evidence.

(3) cause of dispute and relevant evidence.

(4) evidence for the conditions of relocation of the lessee.

(5) proof of the particulars of the resident of the house which has been rented by the forebears.

(6) the approval letter of the housing authority or property rights unit on the public housing disputes.

2. Relevant evidence must be provided for the purchase and purchase of houses

(1) the detailed address of the house, the home ownership certificate, the sale and purchase agreement of the house, the middleman in the agreement of the agreement or the witness, or the notary document.

(2) if the terms of the sale and purchase agreement of the house are unknown (or incomplete), it shall provide evidence such as deposit, price, delivery time and delivery method agreed upon by both parties.

(3) the other co-owners have agreed to sell written evidence of a Shared house, as well as evidence of priority given by the priority person.

(4) the buyer shall move into the time to purchase the house, handle the property transfer procedures, and verify the repair and renovation of the housing structure.

3. Evidence relating to a debt case

(1) it is possible to prove the existence of a debit, receipt, loan contract, etc., or two or more witnesses who have no interest in the case, or other evidence.

(2) the original condition of the guaranty book, or the basic situation of the responsible person, and the evidence of their realistic economic situation and solvency.

(3) the name, quantity, specification, quality and price of the mortgaged property.

(4) evidence of the debtor's failure to perform, incomplete performance or other breach of civil contract, and the reality and solvency of the debtor.

(5) the name, quantity, evidence of the place to be recovered, etc.