Article 30
A lawyer who serves as an agent may consult materials pertaining to the case in accordance with relevant provisions, and may also investigate among and collect evidence from the organizations and citizens concerned. If the information involves State secrets or personal privacy, the lawyer shall keep it confidential in accordance with relevant provisions of the law.
Upon approval of the people s court, parties and other agents may consult the materials relating to the trial of the case, however, those involving State secrets or personal privacy shall be excluded.
Chapter V Evidence
Article 31
Evidence includes the following types:
(1). documentary evidence;
(2). material evidence;
(3). audio-video material;
(4). testimony of witnesses;
(5). statements of the parties;
(6). expert conclusions; and
(7). records of inquests and records made on the scene.
Any of the above-mentioned evidence must be verified by the court before it can be taken as a basis for ascertaining a fact.
Article 32
The defendant shall have the burden of proof for the specific administrative act it has taken, and shall provide evidence and regulatory documents on which the act has been based.
Article 33
In the course of legal proceedings, the defendant may not collect evidence from the plaintiff and witnesses on its own initiative.
Article 34
The people s court shall have the authority to request the parties to provide or supplement evidence.
The people s court shall have the authority to obtain evidence from the relevant administrative organs, other organizations or citizens.
Article 35
In the course of legal proceedings, when a people s court considers that an expert evaluation for a specialized problem is necessary, the issue shall be entrusted to an statutory expert evaluation department for an expert evaluation. In absence of such a statutory expert evaluation department, the people s court shall designate one evaluation department to conduct an expert evaluation.
Article 36
Under the circumstance where evidence is likely to be cease to exist or be lost or would be difficult to obtain later on, the participants in proceedings may apply to the people s court for the preservation of the evidence, the people s court may also take measures to preserve such evidence on its own initiative.
Chapter VI Initiation of an Action and Acceptance of a Case
Article 37
Regarding to an administrative case within the scope of acceptance by the people s court, a citizen, a legal person or any other organization may first apply for a reconsideration to an administrative organ at the next higher level or to an administrative organ as prescribed by the law or regulations, and may initiate an action to a people s court if refusing to accept the reconsideration decision; also may initiate an action to a people s court directly.
In case that an application for a consideration to an administrative organ shall be made first as stipulated by relevant provisions of laws and regulations, and that an action may be then initiated to a people s court if refusing to accept the reconsideration decision, the provisions of the laws and regulations shall apply.
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