Financial leasing is a combination of loaning, leasing and trading, involving a wide range of financial transactions. This guidance to presenting evidence is enacted in accordance with the principles of the Contract Law of the People's Republic of China, Civil Procedure Law of the People’s Republic of China and Several Provision of the Supreme People’s Court on Evidence in Civil Procedures and for the purpose of correctly presenting evidence in the trail of the case of financial leasing disputes and fully protecting your legitimate rights and interests. You need to pay attention to the following aspects of evidence:
33.1. Subject Qualification Evidence is Required
If you are an individual, you shall submit your identity: information of your name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport, Hong Kong, Macao and Taiwan residents’ compatriots HVPS and so on.
If you represent a legal person or other organization, you shall submit the business license, registration certificate or organization code certificate of the legal person or website certification of market supervision and management of administrative departments of the legal person or other organization as well as the identity certificate of the legal representative or the principal person in charge; notarized documents to legal persons or other organizations shall also be submitted if the case is related to Hong Kong, Macao and Taiwan.
If you are heir to the tort liability disputes, you shall submit proof of kinship with the decedent and proof of the basic situation of the heir, such as residence booklet, the local police station certificate and so on.
33.2. Evidence of the Existence of a Financial Leasing Relationship between the Parties is Required
The evidence includes, but is not limited to: written financial leasing agreements, memoranda, minutes of meetings, mailings or other evidence that can prove the financial leasing relationships.
33.3. Evidence of the Parties to Fulfil the Financial Leasing Contract is Required
33.3.1. Evidence of the purchase of the leased item.
33.3.2. Evidence of payment of financing on the financial leasing contract.
33.3.3. Evidence of the delivery of the leased item to the lessor.
33.3.4. Evidence of rent payment.
33.3.5. Evidence of the residual value of the leased item.
33.4. Evidence of the Violation of the Other Party is Required, Including but not Limited to the Following Circumstances
33.4.1. Evidence of delay in delivery of the leased item.
33.4.2. Evidence of the quality defects of the leased item.
33.4.3. Evidence of the dispute over the rights of the leased item.
33.4.4. Evidence of delayed delivery of rent.
33.4.5. Evidence of damage, sale, transfer of the leased item or other evidence that may affect the disposition of the rights of the obligee concerned.
33.4.6. Evidence of the violation by the other party
33.5.Evidence Relating to Guarantee in Security Cases
33.5.1. If the warranty is guaranteed, evidence with the exact details of the warranty that the guarantor agrees to provide shall be presented.
33.5.2. If the mortgage is guaranteed, the evidence with the real right and registration of mortgage shall be provided.
33.6. Evidence Relating to Jurisdiction and Applicable Extraterritorial Law
If you have agreed on the jurisdiction disputes of the case, you shall provide the relevant evidence of the agreement, including the jurisdiction clause in the main contract, the separate jurisdiction agreement reached outside the main contract and other evidence proving that the two sides have agreed on the jurisdiction.
If you have agreed on the applicable law of the disputes of the case, you shall provide the relevant evidence of the agreement, including the jurisdiction clause in the main contract, the separate jurisdiction agreement reached outside the main contract and other evidence proving that the two sides have agreed upon the jurisdiction.
