SPC: If a party applies to the court for investigation of the evidence that it can submit, does the court have the obligation to investigate? Because the court did not investigate, should the parties bear the consequences of failing to adduce evidence? supreme court

SPC: If a party applies to the court for investigation of the evidence that it can submit, does the court have the obligation to investigate? Because the court did not investigate, should the parties bear the consequences of failing to adduce evidence?

The Supreme Court's retrial held that:

Regarding the issues of "the main evidence of the facts ascertained in the second-instance judgment is forged" and "The main evidence required for the trial of the case, Shougang Holding Company cannot collect it on its own due to objective reasons, and applies in writing to the court for investigation and collection in accordance with the law, but neither the court of first instance nor the court of second instance has investigated and collected it".

1. Shougang Holding Company is a party to Case No. 315 and No. 250, and should know and have the ability to submit its statements and submissions in the case.

2. Moreover, Shougang Holding Company claimed that Beifangtonghe Company should pay it the corresponding equity gains in accordance with Article 6.3 of the Equity Transfer Agreement, that is, it should provide evidence to prove the facts on which its own litigation claims are based or the facts on which the other party's litigation claims are based, and the existing evidence does not prove that the main evidence of the facts determined by the court of first instance is forged, nor does it lack reasonable reasons for the court to investigate and collect the main evidence due to objective reasons.

Since the evidence submitted by Shougang Holding Company was insufficient to prove its factual claims, it was not improper for the court of first instance to synthesize the facts of the case and not support its litigation claims.

(2021) SPC Minshen No. 5995 · 2021-12-20

Court Abstracts:

The parties are unable to investigate and collect evidence on their own due to lack of objective reasons, and the court has no obligation to investigate and collect evidence, so if the corresponding evidence is not submitted, the parties shall bear the consequences of the inability to adduce evidence.

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