General courts will not investigate and collect evidence, and will leave it to the parties themselves to resolve the matter. However, if the parties are unable to collect evidence on their own due to objective reasons, or if the People's Court deems it necessary to hear the case, the People's Court shall investigate and collect it.

1. Conditions for applying for court investigation and evidence collection

The evidence collected for application for investigation belongs to the archival materials preserved by the relevant state departments and must be obtained by the people's court in accordance with its authority, or involves state secrets or commercial secrets , personal privacy materials.

2. What is investigation and evidence collection

Investigation and evidence collection means that organizations or individuals with the right to investigate and evidence collection conduct investigations and collect evidence from relevant units and individuals in order to ascertain the facts of the case. . State agencies with the power to investigate and collect evidence include the public security and procuratorates.

3. The power of investigation and evidence collection by state agencies

State agencies with the power to investigate and collect evidence shall, for the purpose of ascertaining the facts of the case, collecting evidence and apprehending the illegal perpetrators, carry out legal procedures for cases filed for handling. Special activities carried out by procedures and relevant compulsory measures taken in accordance with the law.

Normally, the state agencies with the power to investigate and collect evidence include: the public security, procuratorates, courts and other administrative agencies have the power to investigate and collect evidence in the field of their administrative functions and business.

IV. Principles of investigation and evidence collection

1. Principles of proceeding around the rights claimed by the client

What civil litigation should resolve is the dispute between the plaintiff and the defendant. facts, and to resolve disputes, they must be proved by evidence. Only when the investigation and evidence collection are conducted around the disputed facts and the evidence obtained has a direct causal relationship with the disputed facts can it be probative. Otherwise, it is useless evidence.

2. Principle of objectivity and timeliness

Since the facts of the case exist objectively, the evidence to prove the facts of the case should also be objective. As evidence in litigation, it must be objectively existing facts. Regardless of physical evidence, documentary evidence, or witness, fictitious facts, speculations, and remarks made after assumptions cannot be used as evidence. For this reason, during the process of investigation and evidence collection, lawyers must pay attention to collecting and obtaining evidence that has a direct causal relationship or objective correlation with the facts in dispute.

3. Principle of legality and meticulousness

(1) Legality means that attorneys must collect evidence in accordance with the Lawyers Law, the Civil Procedure Law and other laws and regulations. Provision is made. Legal collection of evidence is a prerequisite for ensuring that the evidence is probative. Evidence collected illegally cannot be used as the basis for finalizing a case. The legality of collecting evidence mainly includes the following aspects: First, when an attorney investigates and collects evidence from relevant units or individuals, he or she must present the "Lawyer Practice Certificate" and "Lawyer Investigation Letter" or "Lawyer Investigation Special Certificate" to the unit or individual under investigation. , and state the purpose of coming, and at the same time, the person under investigation must be informed that the evidence must be truthfully provided. Secondly, the investigation record should record: the name, gender, age, occupation, address, contact information, etc. of the person under investigation; the name, gender, age, and law firm of the investigator; the year, month, and day of the investigation, and the location of the investigation; The investigation transcript should be submitted to the person under investigation for verification, and finally signed or sealed by the person under investigation. Thirdly, copies of the materials of the unit under investigation should be submitted to the person in charge for verification and stamped with the official seal of the unit: indicate the year, month and day; and a certificate from the investigator (lawyer) should be attached. Finally, when investigating and collecting evidence from witnesses, illegal means such as threats, deception, and torture must not be used.

(2) Meticulousness means that in the process of investigation and evidence collection, attorneys must be meticulous and conscientious, cannot act carelessly, and must collect or extract various evidence that is directly causally related to proving the case. For example, when a witness answers a question with unclear content, the attorney should carefully examine the question, ask questions that are directly causally related to the case, and make simple and clear records. When investigating and extracting physical evidence, the original object should be the main one; if it is really difficult to extract the original object, a copy can be extracted; for physical evidence that may deteriorate or be destroyed, corresponding preservation measures should be taken. The originals of documentary evidence should also be collected and extracted; when submitting to the court, a copy should be submitted first, and then the original of the documentary evidence should be submitted during the court trial.

Legal Basis

Article 64 of the "Civil Procedure Law of the People's Republic of China" Lawyers and other litigation agents have the right to investigate and collect evidence and can review it Materials related to this case. The scope and methods for accessing relevant materials in this case shall be prescribed by the Supreme People's Court.

Article 67 of the "Civil Procedure Law of the People's Republic of China" The parties concerned have the responsibility to provide evidence for their claims.

The People's Court shall investigate and collect evidence that the parties and their litigation agents cannot collect on their own due to objective reasons, or evidence that the People's Court deems necessary to hear the case.

The People's Court shall comprehensively and objectively review and verify evidence in accordance with legal procedures.