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Notes for foreigners how to furnish evidences to our people’s court in the civil and commercial cases concerning foreign affairs

author:James Ling Released in:2016/1/13 13:41:49 Click quantity:

The burden of proof is the responsibility of the parties to provide evidence for their claims, which is a procedural demand. Burden of proof and its consequences for the international commercial disputes to the parties shall apply forum law, that is, if legal proceedings in China shall be governed by the laws of the PRC and should not apply procedure law to which the parties have agreed in the contract or the law of their own country.

evidence provided by one party from the overseas China, it should be notarized by the notary office of the host country, and be refereed to  the Chinese Embassy or consulate  in that  country  for further authentication ; or perform the certification formalities as specified in the relevant treaty concluded between China and the country where the evidence  resourced .

The evidences provided by one party are from Hong Kong, Macao orTaiwanregions, also shall be through the relevant legal formality procedures. Evidence formed from Hong Kong shall be notarized by Hong Kong Public Notary commissioned by the Ministry of justice of the PRC, and with stamped of the special seal by the legal service (Hong Kong) Co., Ltd. for presenting  the notarized documents to the people’s court. . the formalities for the evidence from Macao andTaiwan region are similar with above mentioned in Hong Kong .

When adjudicating foreign-related commercial or civil cases, for overseas evidence provided by one party , even if has fulfilled the notarization, authentication or other identification procedures should also be cross-examined in the trial by the opposite party  , and be determined by judges of trial court for the probative force is supported or dismissed..

The documents have been notarized , authenticated  or other affirmative procedures in  the trial of first instance, in general, do not have to apply for notarization, authentication or other identification procedures during the trial of second instance with the exception some special circumstances

Providing foreign documentary evidence or foreign material to our peoples’ court shall attach Chinese version of translation. As for specific details.

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