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How do consumers collect evidence for complaining, legitimating and arbitration process?
(02/17/2004)

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.