Evidence in Civil Proceedings in China
China’s Supreme People's Court issued the Several Provisions on Evidence in Civil Litigation of Intellectual Property Rights.
The parties can engage expert assistants(专家辅助人) — 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.
"The burden of proof lies with the party asserting a proposition" (谁主张，谁举证) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.
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.
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.
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.
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.
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.
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?