Evidence about identity and relationship
China civil procedure law requests that the identity of the party must be proven when the case is accepted, therefore, evidence regarding the identity of the parties must be provided at the very beginning. Also, the marriage relationship and child-parent relationship must also be evidenced for a divorce case and the child support case respectively. The representing lawyer will also request the identity and relationship related evidence to be reviewed by him or her for the purpose of case acceptance by the court. The following evidences are generally required to be submitted to court:
1. The plaintiff’s ID card, Hukou certificate, certificate of residence, identity documents, passports and materials alike.
2. The relevant evidence of the defendant's place of residence, a real estate certificate stating the co-ownership, certifying letter by neighborhood committees, a certificate issued by the property management company where the defendant is located at and information from local police of the defendant’s residence place.
3. If the client or the other party is a foreigner, notarization, and authentication of the passport and other related identification document if necessary.
4. If the client or the other party is a citizen of Hong Kong, Macao, and Taiwan, it’s necessary to collect the parties' Hong Kong resident identity card, MTA, and other related identity documents.
5. For foreigners who are not in China, they should be reminded that their passports should be notarized and authenticated before mailing to China.
With respect to relationships, the lawyer may collect materials like below:
1. If there is a de facto marital relationship between both parties, collect relevant evidence such as witness testimony;
2. If both parties registered with the domestic Civil Affairs Bureau of their marriage, collect the marriage certificate or any certifying letter produced by the Civil Affairs Bureau.
3. If both parties were married in foreign countries, the certificate issued by the relevant government shall be collected and such certificate shall be notarized and authenticated.
4. If the two sides are married in Hong Kong, Macao or Taiwan, the certificate issued by the relevant government shall be collected and such certificate shall be notarized and authenticated.