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When consumers complain to consumers association or to administrative organ
of industry and commerce, they should provide physical goods, receipts of
purchased goods, receipts for services or other proof for the goods or service;
still, consumers can also apply for arbitration at arbitral committee. When
consumers go for a lawsuit about disputes of rights and interests of consumers
at the people's court, they must provide corresponding evidence for their
demand, including the fact that there is some civil legal relation between the
parties concerned and that the civil rights and interests of the party concerned
are impaired. In the process of litigation or arbitration, major source of
evidence should be provided by the party concerned. If the party concerned has
only demand for his rights, but can't produce any evidence to support the
demand, he will have to assume legal consequence against himself, and will most
probably lose the lawsuit.
According to Article 63, evidence includes the following seven categories:
(1) Documentary evidence includes all kinds of contracts, document, invoices and
letters, etc; (2) Material evidence. Ordinarily, subject matter that the two
parties concerned are struggling for is actually the material evidence. For
instance, when the claim is made for compensation for loss, the impaired subject
is material evidence; (3) Audio and visual materials, including recordings,
video tape and computer discs, etc.; (4) Testimony of witness, and the witness
must be a natural person with legal behavior capacity, and must be the one other
than the parties concerned and their legal representative; (5) Statement from
parties concerned; (6) Conclusion from authentication; (7) Notes on inspection.
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