Sat, 28 Nov 2020 China Legal Trends Yanru Chen 陈彦茹
China’s Supreme People's Court issued the Several Provisions on Evidence in Civil Litigation of Intellectual Property Rights.
Evidence in Civil Proceedings in China
Sun, 18 Oct 2020 Insights Chenyang Zhang 张辰扬 , Zhuo Yiwei 卓懿伟
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.
Sun, 11 Oct 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
"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.
Sun, 27 Sep 2020 Insights Chenyang Zhang 张辰扬 , Yue Wu 武悦
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.
Sun, 20 Sep 2020 Insights Chenyang Zhang 张辰扬 , Xuan Zhao 赵暄
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.
Sun, 13 Sep 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
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.
Mon, 31 Aug 2020 Insights Chenyang Zhang 张辰扬 , Xuan Zhao 赵暄
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.
Sun, 23 Aug 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
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.
Sat, 25 Jul 2020 Insights Chenyang Zhang 张辰扬 , Zhu Mengxuan 朱梦璇
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?
Sun, 12 Jul 2020 Insights Chenyang Zhang 张辰扬 , Zhu Mengxuan 朱梦璇
Timestamp and blockchain are being applied in Chinese courts to improve the efficiency of evidence examination and reduce the cost of presenting evidence.