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中华人民共和国民事诉讼法(英文版)(上)

http://www.dffy.com 2007-1-19 17:16:29 来源:东方法眼

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  Other agents ad litem shall have the right to investigate and collect evidence and may also consult the materials pertaining to the court proceedings of the case, except those that involve state secrets, trade secrets, or the private affairs of individuals.
  Article 62. The parties to a divorce case which has been entrusted to agents ad litem shall also appear in court in person, unless they are incapable of presenting their own case. A party who is truly unable to appear in court due to a special reason shall submit his or hear opinion in writing to the people s court.
  CHAPTER VI EVIDENCE
  Article 63. Evidence shall be classified as follows:
  (1) documentary evidence;
  (2) material evidence;
  (3) audio-visual reference material;
  (4) testimony of witnesses;
  (5) statements of the parties;
  (6) expert conclusions; and
  (7) records of inquests.
  Any of the above-mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.
  Article 64. A party shall have the responsibility to provide evidence in support of its own propositions.
  With respect to the evidence that the party and its agent ad litem are unable to obtain themselves because of objective reasons or that the people s court considers necessary for the trial of the case, the people s court shall investigate and collect it on its own initiative.
  The people s court shall, in accordance with the procedure prescribed by law, collect and examine evidence comprehensively and objectively.
  Article 65. The people s court shall have the authority to obtain evidence from the relevant units or individuals, and such units or individuals may not refuse to provide evidence.
  The people s court shall verify and determine the validity of documentary evidence provided by relevant units or individuals.
  Article 66. Evidence shall be presented in the court and cross- examined by the parties, however, evidence that involves state secrets, trade secrets or the private affairs of individuals shall not be presented in an open court session.
  Article 67. The people s court shall take the legal acts, legal facts and documents notarized according to legal procedures as basis for ascertaining facts, except when there is contrary evidence sufficient to invalidate the notarial certification.
  Article 68. Any document submitted as evidence shall be the original one. Material evidence shall also be original. If it is truly difficult to present the original document or material, then reproductions, photographs, duplicates or extracts of the original may be submitted.
  If a document in a foreign language is submitted as evidence, a Chinese translation must be appended.
  Article 69. The people s court shall verify audio-visual materials and determine after examination whether they can be taken as a basis for ascertaining the facts.
  Article 70. All units and individuals who have information about a case shall have the obligation to give testimony in court. Responsible persons of relevant units shall encourage the witnesses to give testimony. When it would be truly difficult for a witness to appear in court, he may, with the approval of the people s court, submit a written testimony.

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