Is Translation Required for Using Foreign - Language Documentary Evidence in China?

Extraterritorial evidence refers to evidence that is formed or exists outside China or outside the legal jurisdiction of the court handling the case. It encompasses evidence formed or existing outside China's territory, as well as evidence from Hong Kong, Macao, and Taiwan regions of China. Given that such evidence is formed or exists beyond the jurisdiction of the handling court, the court faces inherent difficulties in assessing its admissibility. As a result, the legislation of various countries and relevant international conventions have stipulated specific formal requirements for extraterritorial evidence.

Is Translation Required for Using Foreign - Language Documentary Evidence in China?

How to regulate and effectively present extraterritorial evidence, and how to review and determine it, directly impacts the substantive outcome of the case and the protection of the parties' rights and interests. This article will summarize several issues related to extraterritorial evidence. Of course, evidence related to Hong Kong, Macao, and Taiwan regions should go through relevant certification procedures as required by Chinese laws. Due to space limitations, this will not be discussed in this article.

Is Translation Required for Using Foreign - Language Documentary Evidence in China?

In foreign - related civil and commercial cases in China, foreign - language documentary evidence is frequently encountered. Both the Civil Procedure Law of China and the New Evidence Rules stipulate that foreign - language documentary evidence or foreign - language explanatory materials should be accompanied by a Chinese translation. If a party refuses to provide a translation of the foreign - language documentary evidence, the court may reject its admission. This is a concrete manifestation of the principle of using the commonly - used language and characters in China in Chinese civil litigation. However, an exception exists in that when the International Commercial Court of the Supreme People's Court of China hears a case, whether the parties must provide a translation of the foreign - language evidence they submit can be decided by the parties themselves, and the International Commercial Court may not impose restrictions.

Regarding the selection of translation agencies, generally, the party providing the foreign - language documentary evidence should independently entrust a translation agency with translation qualifications to translate and provide a Chinese version. If the opposing party has objections to the Chinese translation, the two parties can jointly choose to entrust a translation agency to provide a translation. If the parties cannot reach an agreement on the selection of the translation agency, it will be determined by the Chinese court. Certainly, whether it is the parties or the Chinese court choosing or determining the translation agency, it is crucial to ensure that the agency has the appropriate translation qualifications and qualifications for the relevant language.

The translation should be accurate and complete, without omitting or distorting the original meaning, to ensure that the translation is consistent with the content of the original foreign - language document. The translation should indicate the name and contact information of the translator, and be stamped with the official seal of the translation agency or signed by the translator to prove its authenticity and legality.

When the translation is error - free, the Chinese court only needs to review the Chinese translation, and the parties only need to cross - examine the Chinese translation, without having to refer to the original text of the foreign - language documentary evidence. However, in some individual cases, if a party has objections to the content of the Chinese translation, the Chinese court then needs to check whether there are inappropriate or inaccurate translations by the translation agency. If the translation of the translation agency is not entirely accurate, and the two parties reach an agreement on the disputed part, the Chinese court's judgment should adopt the correct translation to ensure the objectivity and solemnity of the judgment. In cases where the two parties have a dispute over the choice of words in the translation and the translation of key terms affects the handling result of the case, the Chinese court also needs to carefully review the original foreign - language documentary evidence and make a proper decision.