The liability of presenting evidence on the case of tort liability Disputes is specified clearly in accordance with the Tort Liability 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 better supporting your claims and protecting your legitimate rights and interests with the specified evidence you have provided when you are sued for, or responding to a dispute arising from tort of your rights or interests disputes with others. Please read the following content carefully.
34.1. Material on the Subject Qualification of the Parties is Required
You shall provide the relevant evidence of the subject qualification in detail and in accordance with the following requirements for the purpose of proving that you are the right subject of litigation, and in future procedures ensure that you will be contacted in time so that the litigation documents can be delivered to you.
34.1.1. Individuals shall submit their identity: information of their 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.
34.1.2. A legal person or other organization 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.
34.1.3. Any party who is heir to the tort liability disputes 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.
34.2. Evidence of Tort Act and the Causal Relationship between the Tort Act and Consequences is Required
Tort act, tort consequences and the causal relationship between the tort act and consequences are three elements of tort liability disputes. If you believe that your legitimate rights and interests have been infringed due to someone else’s tort, please provide the appropriate evidence in accordance the following types of disputes.
34.2.1. In the event of a product liability dispute, the following evidence is required: evidence of the purchase or use of the product, such as invoices; the evidence to prove the product quality is qualified, such as product quality identification; the evidence provided by the product producers and sellers to prove that the injury was due to the victim or third-party causes;
34.2.2. In the event of a motor vehicle traffic accident liability dispute, you shall provide the following evidence: the traffic accident damage compensation certificate issued by the traffic police department, information of driver, passengers and the vehicle, vehicle insurance information and other evidence; the perpetrators may provide evidence of vehicle insurance and vehicle ownership;
34.2.3. In the event of a medical damage liability dispute, you shall provide the evidence to prove whether the civil legal relationship between the two parties is established, such as invoices of outpatient, inpatient medical records, medical expenses and so on; identification reports issued by medical accident identification committees or related medical documents, medical expert opinions and other evidences; a medical institution or an obligation officer may provide evidence to prove that he was not at fault and has performed his duty of reasonable treatment;
34.2.4. In the event of an environmental pollution liability dispute, you shall provide the evidence to prove whether direct pollutants or secondary pollutants emitted by a polluter have a surface relationship with the damage; polluters may provide evidence to prove that the law assumes no liability or mitigated liability, or there is only a causal relationship between the act and the damage;
34.2.5. In the event of a high danger liability dispute, you shall provide the evidence to prove whether the perpetrators have engaged in highly dangerous jobs around the stated area; the perpetrator may provide evidence that necessary security measures have been taken and that warning obligations have been given, and the damage was caused by the victim’s fault or some uncontrollable force;
34.2.6. In the event of an animal damage liability dispute, you shall provide the evidence to prove whether the victim was harmed by the animals; whether the animal is suitably kept or managed by the infringer; the animal keeper or manager may provide the evidence that he has performed the management responsibilities, and the damage was caused by the victim, gross negligence or fault of the third person;
34.2.7. In the event of an object damage liability dispute, you shall provide evidence to prove whether the object has caused the damage; the proof of ownership, management or usuage of the object; the owner, manager or user of the harmful object may provide evidence to provide that he has satisfied management responsibilities and is not at fault;
34.2.8. In the event of a disput of right of name, portrait or privacy, you shall provide evidence to prove whether the name, portrait or privacy have been used unlawfully; whether benefits from the tort have been obtained;
34.2.9. In the event of a dispute of right of reputation and honor, you shall provide the evidence to prove that the perpetrator fabricated the facts in order to damage your reputation or honor or that the perpetrator spread the fabricated facts in public;
34.2.10. Other evidence deemed by the parties to be submitted.
34.3.Evidence of the Damage Consequence is Required
The damage consequence is your lawsuit basis, and the actual loss and the necessary expenses are generally supported by law, therefore you shall provide the following evidence to prove the damage consequence.
34.3.1. Any person who is physically injured may submit medical bills, transportation fees, nursing bills, a reasonable bill for treatment and rehabilitation and loss certificate due to the delay of the work such as a labor contract, payroll, withholding wage certificate or wage level, disability appliance price certificate, identification of disability grade, death certificate, certificate of kinship with dependents and so on;
34.3.2. Any person whose property is damaged may submit the original copy of the damaged property, video, photos, property, purchase invoices, loss value assessment report, maintenance bills and so on;
34.3.3. Any person whose reputation and honor is damaged may submit evidence of insult or slander such as insulting language, the article or letters inconsistent with the facts; language or the article inconsistent with the facts such as true academic certificate;
34.3.4. Other evidence of loss suffered by a tort
If the evidence is not listed, please submit it to the court.
