In order to protect the litigation rights of the parties involved, in accordance with relevant laws and regulations such as the Civil Procedure Law of the People’s Republic of China and the Supreme People’s Court’s Several Provisions on Evidence in Civil Litigation (hereinafter referred to as the “Evidence Provisions”), the following are the points of proof for civil litigation:
1、 Allocation of burden of proof
1. When the plaintiff sues or the defendant raises a counterclaim, corresponding evidence materials that meet the conditions for prosecution shall be attached.
2. The parties involved have the responsibility to provide evidence to prove the facts on which their own litigation claims are based or to refute the facts on which the other party’s litigation claims are based. If there is no evidence or insufficient evidence to prove the factual claims of the parties, the parties with the burden of proof shall bear the adverse consequences.
2、 The situation and requirements for applying to the court for investigation and evidence collection
1. The evidence that parties and their litigation representatives can apply to the court for investigation and collection includes:
(1) The evidence collected through the application for investigation belongs to archival materials preserved by relevant national departments and required to be retrieved by the people’s court in accordance with their authority.
(2) Materials involving state secrets, trade secrets, and personal privacy.
(3) Other materials that the parties and their litigation agents are unable to collect on their own due to objective reasons.
2. The parties and their litigation representatives who apply to the court for investigation and evidence collection shall submit a written application, stating the name or unit name, residence, and other basic information of the investigated person, and explaining the reasons for the inability to collect evidence, current evidence clues, the content of evidence to be collected, and the facts to be proven.
3. The parties and their litigation representatives who apply to the people’s court for investigation and evidence collection shall submit a written application, which shall not be later than seven days before the expiration of the evidentiary period. The expenses for investigating and collecting evidence by the people’s court shall be paid in advance by the party making the application within seven days after the application. If the payment is not made within the prescribed period, the application shall not be allowed.
3、 The deadline for providing evidence and the legal consequences of providing evidence beyond the deadline.
1. The parties shall submit evidence materials within the time limit specified in the notice of proof served by the court. If a party fails to provide evidence on time, the court shall order them to explain the reasons. If they refuse to explain the reasons or the reasons are not valid, the court may refuse to accept the evidence according to different circumstances, or accept the evidence but impose a warning or fine.
2. If the parties have difficulties in submitting evidence materials within the time limit for providing evidence, they may apply to the people’s court for an extension of the time limit within the time limit for providing evidence, and the court may appropriately extend the time limit based on the application of the parties.
3. The party applying for appraisal shall submit it within the time limit for providing evidence and prepay the appraisal fee within seven days from the date of application. If the party fails to provide appraisal due to failure to prepay the appraisal fee within the prescribed time limit, they shall bear the legal consequences of being unable to provide evidence on their own.
4. The parties applying for witnesses to testify in court shall submit their application ten days before the expiration of the evidentiary period and obtain permission from the people’s court. The reasonable expenses for a witness to testify in court shall be paid in advance by the party providing the witness within seven days after the application. If the payment is not made within the prescribed period, the application shall not be granted.
5. The parties may notify the applicant to have a person with specialized knowledge appear in court and provide opinions on the appraisal opinions or professional issues made by the appraiser. If this court allows the applicant to apply, the relevant fees shall be prepaid by the applicant within seven days from the date of application. If the prepayment is not made by the deadline, the application shall not be allowed.
4、 Proof requirements for maritime and commercial disputes
（1） Disputes over liability for ship collision damage
1. Basic information of the vessel and crew involved: certificate of ownership of the vessel, certificate of nationality of the vessel, certificate of classification, certificate of seaworthiness of the hull and engine, certificate of safety equipment of the vessel, tonnage certificate, certificate of mortgage registration of the vessel, certificate of competency of crew, certificate of minimum staffing, and other major certificates of collision vessels;
2. Main documents of collision ships, such as navigation logs, engine logs, car clock records, heading records, nautical charts, etc;
3. Evidence materials on the navigation situation when ships meet each other.
4. The situation before and during the collision.
5. Schematic diagram of ship collision.
6. The ship traffic management system monitors the radar records of collisions passing by;
7. Inquiries and investigation reports from maritime administrative authorities regarding crew members of colliding ships.
8. Transport documents such as manifest, cargo waybill or bill of lading, as well as onboard documents;
9. Materials proving collision losses.
10. Proof materials of the causal relationship between negligent behavior and ship damage.
（2） Disputes over liability for ship collision damage
1. Basic information of the vessel and crew involved
2. The fact that touch behavior occurs
3. Contact loss situation
4. Proof of causal relationship between negligent behavior and damage facts
（3） Disputes over liability for damage to air and underwater facilities caused by ship damage
1. Situation of the vessel involved
2. Ship’s negligent behavior
3. Determination of damage and loss amount caused to air and underwater facilities
4. Proof of causal relationship between negligent behavior and damage results
（4） Disputes over liability for ship pollution damage
1. First mate’s receipt, bill of lading, inspection report, oil record book, navigation log, engine log, loading and unloading record, clearance report, and satellite image, etc
2. The act of discharging, leaking, dumping oil, sewage, or other pollutants from ships
3. Record of the time, location, schedule or excerpt from the navigation log related to cleaning up
4. The quantity, unit price, and calculation method of manpower, machinery, ships, and cleaning materials invested in cleaning
5. Proof materials for the management fee, transportation fee, and other expenses of organizing cleaning
6. Cleaning effect and situation report, etc.
（5） Disputes over liability for aquaculture damage in maritime and open sea waters
1. Registration information of the involved vessel
2. Illegal or negligent behavior of ships
3. Causing damage to fishing, aquaculture facilities, and aquaculture products in the sea and open waters
4. Loss calculation basis and amount determination
（6） Disputes over liability for property damage in maritime and open sea waters
1. Infringement caused by production or operations carried out on ships or at sea
2. Facts causing damage to ships, goods, or other property
3. Proof of causal relationship between infringement and damage facts
4. Calculation criteria and amount of damage
（7） Disputes over liability for personal injury in maritime and open sea waters
1. Proof of identity of the parties involved
2. The fact that personal injury occurred at sea or in open sea waters
3. Proof of contractual or infringing relationship with the defendant
4. Evidence of medical expenses, transportation expenses, lost work expenses, and other expenses incurred due to personal injury
5. Proof of Damage and Disability Level
（8） Disputes over liability for illegal detention of ships, cargo on board ships, marine fuel, and marine materials damage
1. Proof of identity of the parties involved
2. The fact that ships, goods, and other property have been detained
3. Proof materials that the act of detention violates legal provisions or contractual agreements
（9） Disputes over contracts for the transportation of goods by sea and open sea waters
1. Identification materials of the parties involved
(1) If the parties involved are natural persons, they should submit identification materials, such as ID cards or household registration books
(2) If the parties involved are legal persons or other organizations, registration materials should be submitted, such as business licenses, registration certificates for social organizations, etc
2. Contracts for the transportation of goods by waterway, as well as power of attorney (including power of attorney), letters, and data messages (including telegrams, telexes, faxes, electronic data exchanges, and emails) that prove the establishment of the contract or are related to the content of the contract
3. Waybill or documents accompanying the shipper on the waybill
4. Receipt issued by the consignee; For container transportation, container packing lists and handover documents should be collected
5. In case of damage or loss of goods, freight records or invoices, tally reports, sales contracts, inspection reports, and other evidence proving the loss should be collected
6. If there is a delay in the delivery of goods, evidence materials related to the contract basis for delayed delivery and the fact of delayed delivery should be collected
7. For disputes involving freight and demurrage fees, evidence should be provided such as the freight schedule, freight agreement, confirmation letter, fax, paid freight invoice, packing list, delivery note, demurrage fee calculation and payment agreement
8. Evidence related to ship’s seaworthiness and cargo suitability
9. Proof documents of the carrier’s approval for operation (such as water transportation license, water transportation service license, etc.); The shipper shall provide proof of transportation permission in accordance with laws and regulations
10. Other relevant evidence.
（10） Disputes over passenger transportation contracts in maritime and open sea waters
1. Identity and qualifications of the parties involved
2. Transportation contract or other supporting materials proving the relationship between transportation contracts
3. Matters and behaviors of the parties that do not comply with the contract or legal provisions
4. Causing losses
（11） Disputes over luggage transportation contracts in maritime and open sea waters
1. Proof of identity of the parties involved
2. Proof of transportation contract relationship
3. Luggage Handover Checklist
4. Behaviors or facts that violate contractual agreements or legal provisions
5. Causing losses
（12） Disputes over ship operation and management contracts
1. Proof of identity of the parties involved
2. Ship registration information: Main certificates such as ship ownership certificate, ship nationality certificate, class certificate, ship and engine airworthiness certificate, ship safety equipment certificate, tonnage certificate, ship mortgage registration certificate, crew qualification certificate, minimum staffing certificate, etc;
3. Contracts or relevant certificates regarding the operation and management of ships
4. The behavior of the parties in violation of the contract or legal provisions
5. Losses or adverse consequences caused
（13） Disputes over ship sales contracts
1. Identity of the parties involved
2. Ship registration information: Ship ownership certificate, ship nationality certificate, class certificate, ship and engine airworthiness certificate, ship safety equipment certificate, tonnage certificate, ship mortgage registration certificate, crew qualification certificate, minimum staffing certificate, and other main certificates of collision ships;
3. Ship Sales Contract
4. Proof of Paid Ship Purchase Payment
5. The factual materials of the parties violating the contract or legal provisions.
6. Proof materials for causing damage
（14） Disputes over ship construction contracts
1. Proof of basic information of the parties involved
2. Shipbuilding Contract
3. List of construction materials and purchase invoice
4. Payment voucher for engineering funds
5. The fact that the parties have violated the contract or legal provisions
6. Causing damage or loss
（15） Disputes over ship repair contracts
1. Proof of identity of the parties involved
2. Ship registration information
3. Proof of contractual relationship between both parties regarding ship repair
4. Payment of repair fee voucher
5. Facts that violate contractual or legal provisions
6. Causing loss or damage
（16） Disputes over ship renovation contracts
1. Proof of identity of the parties involved
2. Ship registration information
3. Ship Reconstruction Contract
4. Payment of engineering fee voucher
5. The fact that the parties have violated the contract or legal provisions
6. Loss or damage situation
（17） Disputes over ship dismantling contracts
1. Identity of the parties involved
2. Ship dismantling contract or related certification materials
3. The fact that the parties have violated the contract or legal provisions
4. Losses or damages caused
（18） Disputes over ship mortgage contracts
1. Identity of the parties involved
2. Ship registration information
3. Ship mortgage contract and mortgage registration certificate
4. The fact that the parties have violated the contract or legal provisions
（19） Disputes over voyage charter parties
1. Proof of identity of the parties involved
2. Contract documents such as voyage charter agreement, charter confirmation, etc
3. Transport documents such as bills of lading, mate’s receipts, etc
4. Loading and unloading documents such as loading and unloading maps, loading and unloading facts records, etc
5. Basic information of ships: ship ownership certificate, ship nationality certificate, ship classification certificate
The main certificates for collision ships include books, ship and engine airworthiness certificates, ship safety equipment certificates, tonnage certificates, ship mortgage registration certificates, crew competency certificates, minimum staffing certificates, etc
6. The behavior or factual materials of the parties that violate the contract or legal provisions
7. Proof of loss or damage caused.
（20） Disputes over ship charter contracts
1. Charter Party
2. Proof documents of actual delivery time and location
3. Actual fuel inventory at the time of delivery
4. Proof documents of actual return time and location
5. Proof of suitability of the vessel for the agreed purpose delivered by the lessor or confirmation from the lessee
6. The lessee shall provide proof of payment of rent to the lessor or a mutually confirmed proof document
7. A document proving that the vessel returned by the lessee is in the same good condition as the vessel delivered by the lessor, or a document confirming the condition confirmed by both parties
8. If the lessee claims to terminate the contract, they should provide evidence of the reasons for terminating the contract.
（21） Disputes over Ship Financing Lease Contracts
1. Proof of identity or qualification of the parties involved
2. Ship registration information
3. Financing lease or lease purchase contract
4. Rent payment voucher
5. The behavior or fact of the parties violating the contract or legal provisions
6. Loss calculation method and list
（22） Disputes over ship contracting contracts for maritime and open sea transportation
1. Proof of identity or qualification of the parties involved
2. Ship registration information and transportation permit
3. Contract
4. Ship Handover Checklist
5. Payment voucher for contract payment
6. The fact that the parties have violated the contract or legal provisions
（23） Disputes over fishing vessel contracting contracts
1. Proof of identity or qualification of the parties involved
2. Ship registration information
3. Fishing permit
3. Contract
4. Proof of timely payment of contract payment
5. The behavior or fact of the parties violating the contract or legal provisions
（24） Disputes over leasing contracts for ship accessories
1. Proof of identity of the parties involved
2. Ship registration information
3. List of Ship Accessories
4. Lease contract or proof of lease relationship
5. Rent payment voucher
6. The behavior or fact of the parties violating the contract or legal provisions
（25） Disputes over the custody contract of ship accessories
1. Identification materials of the parties involved
2. Proof materials for custody of contracts or contractual relationships
3. Handover Checklist for Storage Items
4. Proof of price or value of stored items
5. Storage fee payment voucher
（26） Disputes over maritime container leasing contracts
1. Materials proving the identity and qualifications of the parties involved
2. Lease contract or proof of contractual relationship
3. Container Handover Checklist
4. The behavior or fact of the parties violating the contract agreement
（27） Disputes over maritime container storage contracts
1. Materials proving the identity and qualifications of the parties involved
2. Proof of custody contract or contractual relationship
3. Handover Checklist for Storage Items
4. Payment of storage fee voucher
5. The behavior or fact of the parties violating the contract agreement
（28） Disputes over port cargo storage contracts
1. Proof of identity or qualification of the parties involved
2. Goods Storage Contract
4. Handover Checklist for Storage Items
5. Payment of storage fee voucher
6. Bill of Lading
7. The behavior or fact of the parties violating the contract agreement
（29） Disputes over ship agency contracts
1. Materials proving the identity and qualifications of the parties involved
2. Agency Contract
3. Proof of completion of agency matters
4. Agency fee payment voucher
5. The behavior of the parties in violation of the contract or legal provisions
6. Damage situation and amount
（30） Disputes over freight forwarding contracts for maritime and open sea waters
1. Proof materials for the establishment, modification, or termination of the freight forwarding contract.
2. Freight forwarding agencies provide enterprise legal person business license and land and water transportation service license
3. Customs declaration, bill of lading, manifest.
4. Freight forwarder’s prepaid freight voucher
5. The method and basis for calculating the losses of the principal.
6. Negligence and Damage of Freight Forwarders
