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Court authority issued: summary of evidence to be submitted in lawsuit

发布时间:2020/3/30  浏览次数::403次

Summary of evidence to be submitted in lawsuit

No.1 Marriage dispute case

(1) Marriage certificate or certificate of marriage registration authority;

(2) If no marriage is registered, the proof of the time of cohabitation or wedding time;

(3) In case of remarriage, the original divorce mediation letter, judgment or certificate from the relevant department;

(4) If the defendant's whereabouts are unknown, proof of the unknown time and circumstances;

(5) If one or both parties are active-duty soldiers, provide the certificate issued by the political organization above the regiment;

(6) Evidence of the diagnosis of a defective mental condition, sexually transmitted diseases or mental illnesses of one party;

(7) If one party was sentenced to labor reform for crime, the proof of the original court, sentence and place of labor reform;

(8) Factual basis of feelings after marriage;

(9) Evidence of fault of one party;

(10) Proof of the child's name, gender, age, and living conditions;

(11) Relevant certificates for adoptive children and step-children;

(12) Proof of favorable conditions or other conditions for requesting child support;

(13) The basis for requesting the payment of alimony (salary or labor income of both parties, etc.);

(14) Proof of property name, quantity and value;

(15) Proof of the nature of the property (pre-marital, post-marriage or spousal property);

(16) Proof or related clues of savings, treasury bills, stocks and other properties;

(17) Proof of the status and nature of the creditor's rights and debts (before marriage, after marriage, and the separate debts of men and women);

(18) Proof of housing conditions (time, area, cost of private house construction; name, area, number of rooms, permanent population, source of distribution) of public housing;

(19) Other evidence.

No.2 Disputes over inheritance

(1) Proof of the death of the heir by public security organs and hospitals; household registration information on the date of the heir ’s death or a judgment proclaiming death; certificate of family relationship

(2) Proof of the location of the principal inheritance of the decedent and a list of types, quantities and discounts of the inheritance;

(3) Proof of the claims and debts of the inherited life;

(4) The original testament of the heir, the notarial notarization of the will, notation, recording or verbal testament in case of emergency, and the attached two or more witness materials;

(5) Adopted children, children born out of wedlock, and step-children who form a foster relationship should provide adoption, birth certificates, and supporting materials for forming a foster relationship;

(6) A waiver letter and related evidence written by the heir to renounce inheritance rights;

(7) If the widowed daughter-in-law and son-in-law inherit the inheritance of their in-laws and parents-in-law, they shall prove that they have fulfilled their main maintenance obligations;

(8) Regarding persons other than the heirs who depend on the heirs to support the lack of work ability and no source of living, or those other than the heirs who require more support from the heirs, request the relevant certificates of the heirs ’inheritance;

(9) The hospital's certificate that the heir is pregnant;

(10) Other evidence.

No.3 Childcare case

(1) Divorce mediation letter, judgment or certificate of marriage registration authority;

(2) Proof of salary and income status;

(3) Proof of the child's physical condition;

(4) Children's medical bills;

(5) Bills and related certificates for children's learning expenses;

(6) Other evidence.

No.4 Case of changing child support relationship

(1) A divorce judgment, mediation letter, or certificate from the marriage registration authority;

(2) Proof of favorable or unfavourable conditions for their respective children;

(3) Proof of their respective economic income;

(4) Opinions of minor children over 10 years of age;

(5) Other evidence.

No.5 Support dispute cases

(1) Proof of the dependent ’s physical, economic, and residential conditions;

(2) Proof of the child ’s maintenance of the dependents;

(3) Proof of children's respective income, residence, etc .;

(4) Other evidence.

No.6 Debt dispute case

(1) Loan agreement or debit note;

(2) If there is a guarantor in the loan relationship, the evidence of the guarantee;

(3) Vouchers delivered and received by both borrowers and lenders;

(4) Proof of the debtor ’s loan purpose;

(5) Proof that the debtor should pay interest;

(6) If there is no interest agreement, if the creditor requires the debtor to repay the overdue interest, or if the non-scheduled interest-free loan is not repaid after being urged, and the creditor requests to repay the interest after the reminder, the evidence about the non-repayment due or the non-repayment upon reminder;

(7) If the debtor's whereabouts is unknown, the relevant evidence to prove the authenticity of the creditor's rights certificate and to pay off the debt;

(8) Payment coupons;

(9) Other evidence.

No.7 Cases of personal injury compensation disputes

(1) Evidence of the time, place and cause of the dispute; relevant evidence of other departments handling the dispute;

(2) Evidence of the infringement by the defendant;

(3) Proof of personal infringement and injury consequences (diagnosis, forensic identification, relevant photos, etc.);

(4) Evidence of compensation for medical expenses, lost work fees, care fees and transportation expenses (medical fee documents, evidence of lost working days and lost work income, proof of medical department permitting personal care and proof of care fees, car and ferry tickets, etc.);

(5) Where compensation for funeral expenses or living expenses is required, the proof of the relationship of relatives, the proof of the victim ’s previous support, support, and maintenance, and the proof of funeral expenses;

(6) The accused is not at fault or the victim is at fault to prove that the damage occurred;

(7) Other evidence.

No. 8

Disputes over compensation for property damage

(1) Evidence of the time, place and cause of the dispute;

(2) Evidence of the infringement by the defendant;

(3) Proof of damage to the property (name, quantity and invoice of the property, photos of the damaged site and physical objects, identification by the relevant department, etc.);

(4) Proof of expenses required for property restoration;

(5) Property certificate of damaged property with disputed property rights;

(6) The accused is not at fault or the victim is at fault to prove that the damage occurred;

(7) Other evidence.

No. 9

Disputes over damages caused by keeping animals

(1) The certificate of the animal breeder or manager;

(2) Proof of the victim ’s infringement and the consequences of damage (diagnosis, forensic identification, relevant photos, etc.);

(3) Proof of damage caused by the victim ’s fault;

(4) Proof of damage caused by the fault of the third person;

(5) Other evidence.

No. 10

Cases of compensation disputes caused by unqualified product quality

(1) The original product, relics or photos;

(2) Certificates of product manufacturers and sellers (product bills, credit cards, warranty certificates);

(3) Quality appraisal certificate of relevant department;

(4) Proof of personal and property infringement and damage consequences;

(5) Proof that the transporter and warehouser are responsible for the completion of other people's property and person on time;

(6) Other evidence.

No.11

Disputes over traffic accident compensation

(1) Responsibility confirmation letter, mediation letter or reconsideration decision letter of the public security transportation department;

(2) Proof that the victim was injured and the consequences of the injury (diagnosis, forensic identification, injury level, relevant photos, etc.);

(3) Evidence of compensation for medical expenses, lost work fees, care fees, accommodation fees, and transportation expenses (medical fee documents, proof of days lost and lost work income, proof that the medical department authorized personal care and proof of care fees, accommodation fee documents, vehicles and boats Tickets, etc.);

(4) If the living expenses of the dependents are required, provide the relationship certificate and the certificate of the dependents (including the date of birth and other certificates of the dependents);

(5) Other evidence.

No.12

Labor dispute cases caused by the expulsion, delisting and dismissal of employees

(1) The award of the labor arbitration committee;

(2) Proof of the date on which the labor arbitration committee served the prosecution ’s award;

(3) Labor contract or other proof of employment relationship signed by both parties;

(4) Proof of work start and end dates;

(5) Decisions and notices on the expulsion, delisting, and dismissal of employees;

(6) Relevant rules and regulations of punishment according to internal rules and regulations of the enterprise;

(7) Proof of employee violations of rules and regulations;

(8) Employee's salary, funds and other income proof;

(9) The employer pays the training fee certificate;

(10) Provisions on the service period for employees must be provided;

(11) Other evidence.

No. 13

Labor dispute cases for recovering labor compensation

(1) The award of the labor arbitration committee;

(2) Proof of the date on which the labor arbitration committee served the prosecution ’s award;

(3) Labor contract or other proof of employment relationship signed by both parties;

(4) Proof of work start and end dates;

(5) List of workers;

(6) Evidence of the number of working days and wages due to the workers;

(7) Evidence of the specific amount of arrears of labor compensation;

(8) Other evidence.

No.14

Labor disputes caused by labor insurance and labor protection

(1) The award of the labor arbitration committee;

(2) Proof of the date on which the labor arbitration committee served the prosecution ’s award;

(3) Labor contract signed by both parties and other proof of employment relationship;

(4) Proof of work start and end dates;

(5) Evidence of the enterprise's payment of pension insurance and housing provident fund;

(6) Proof of the income of employees such as wages and funds;

(7) Employee injury identification and medical bills;

(8) Other evidence.

No.15

Application for recognition of a divorce judgment in a foreign court

(1) Proof of the applicant's nationality (hukou, passport, etc.);

(2) The original copy of the divorce judgment (conciliation) of the foreign court and a certified Chinese translation;

(3) The document issued by the court that issued the judgment (mediation) that the judgment (mediation) has taken effect. The certification document should be notarized by the foreign notary department and certified by our country ’s embassy or consulate in that country, and should provide a certified Chinese translation;

(4) The foreign court that issued the judgment (mediation) has legally summoned the relevant certification documents of the defendant to appear in court. The certification documents should be notarized by the foreign notary department and certified by the Chinese embassy or consulate in the country, and should be provided in Chinese Translation

(5) A notice of response or a summons to appear in a foreign court that made a judgment (mediation).

No.16

Materials to be submitted in real estate cases

(1) Disputes over housing property rights

(1) Housing property certificate;

(2) Proof of the source of the house (buy, inherit, analyze, receive, etc.);

(3) Proof of the formation of joint real estate (joint investment in construction, renovation, purchase, inheritance, gifting, etc.);

(4) Evidence of real estate registration changes (registration, change registration, transfer of property rights, etc.);

(5) Proof of house use, management and income;

(6) The name of the real estate taxpayer and the tax payment time, amount, bills, etc .;

(7) Other evidence.

(2) Cases of housing sales disputes

(1) Housing property certificate;

(2) House sales contract and notarial certificate;

(3) Documents approved by relevant authorities to buy and sell houses;

(4) Proof of the delivery of the house;

(5) Vouchers for delivery and collection of house payment by both parties;

(6) Proof of the buyer's identity, purpose of purchase and status of the house;

(7) Evidence of other co-owners of a shared house giving up the right to buy first and agreeing to sell the house;

(8) Evidence that the lessee of the rental house waived the preemptive right;

(9) Other evidence.

(3) Cases of housing lease disputes

(1) Housing property certificate;

(2) House rental permit;

(3) House lease contract;

(4) Proof of time or amount owed for rent or arrears;

(5) The proof of the quality of the house before repairs and the proof of the reasonable expenses for repairing the house;

(6) Plane structure sketch of the original house;

(7) Sublet agreement and evidence of the sublease's profit from it;

(8) Other evidence.

(4) Cases of housing disputes

(1) Housing property certificate;

(2) House lease contract;

(3) Evidence of the family population of the relocated person and whether there are other housing or relocation places;

(4) Proof of the owner ’s use (for self-use or continued rental, etc.) after taking back the house;

(5) Evidence of whether the rented house has been bought or sold and whether the lessee has the priority to purchase at the same price;

(6) Whether the homeowner notified the lessee of the evidence of relocation three months in advance;

(7) Other evidence.

No.17

Loan contract disputes

(1) Contract (loan application, loan-related vouchers, agreement and relevant written materials of both parties agreeing to modify the loan contract);

(2) Guarantee procedures;

(3) Proof of materials and property guaranteed by the loan;

(4) Proof of actual use of the loan;

(5) Repayment notice;

(6) Repayment certificate of interest payment;

(7) Details of interest calculation;

(8) Basis of interest calculation;

(9) Other evidence.

No.18

Property insurance contract disputes

(1) Contracts and agreements, endorsements or endorsements that change the content of the contract;

(2) Insurance policy;

(3) Insurance policy or insurance certificate;

(4) Appointment insurance contract and appointment insurance policy;

(5) Proof of delivery and collection of insurance premiums;

(6) Proof that the policyholder does not declare, conceal, or erroneously declare the main dangerous situation;

(7) The insurance applicant ’s written notice on the transfer, transfer, and sale of the insurance subject;

(8) The insurer informs the insurer that the insurance subject has changed the purpose or increased the degree of danger;

(9) The insurance party makes reasonable suggestions to eliminate unsafe factors;

(10) Proof that an insurance accident occurred due to the policyholder ’s intention;

(11) Proof that the policyholder took measures to avoid expanding losses after an insurance accident occurred;

(12) Proof that the policyholder actually suffered losses at the time of the accident;

(13) Loss of material value and proof that the insured party obtained compensation from a third party;

(14) Other evidence.

In civil cases, it is generally "whoever claims, who will provide evidence", that is, whoever prosecutes the request, who will provide evidence to prove. However, there are some special lawsuits in which the evidence is provided by the other party, the defendant. If the other party cannot produce the evidence, they will bear the risk of losing the lawsuit.

 

 

5 situations without the plaintiff looking for evidence

1. If a legal agent is required to pay support payments on behalf of the child on behalf of the child, there is no need to provide evidence. If the other party's defense has fulfilled the maintenance obligations, the defendant provides evidence to prove how to fulfill the maintenance obligations.

2. In case of labor disputes, the laborer shall sue, and the evidence related to some disputed matters shall be managed by the employing unit, which shall be provided by the employing unit, without your painstaking search; if the employing unit does not provide, it shall bear adverse consequences.

3. If the employer expels, removes the name, dismisses the employee, or terminates the labor contract, reduces labor compensation, or calculates the length of work of the laborer, and the labor dispute occurs, and the laborer refuses to sue, the employer shall provide evidence.

4. Consumers purchase durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, etc., and receive decoration and other services. Within 6 months, they find that the goods are defective. If the dispute is sued, the operator shall bear the responsibility Burden of proof for defects.

5. If the company owes debts and the creditors sue, the shareholders of the one-person limited liability company shall be jointly and severally liable for the company's debts. The shareholders shall prove that the company's property is independent of the shareholders' own property, and the creditors do not need to provide evidence.

 

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