第六十一条 代理诉讼的律师和其他诉讼代理人有权调查收集证据，可以查阅本案有关材料。

"Article 61 A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence, and may have access to materials pertaining to the case. "

查阅本案有关材料的范围和办法由最高人民法院规定。

The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.

第六十二条 离婚案件有诉讼代理人的，本人除不能表达意志的以外，仍应出庭；

"Article 62 In a divorce case in which the parties to the action have been represented by their agents ad litem, the parties themselves shall still appear in court in person, unless they are incapable of expressing their own will. "

确因特殊情况无法出庭的，必须向人民法院提交书面意见。

A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.

第六章 证 据

Chapter VI Evidence

第六十三条 证据有下列几种：（一）书证；（二）物证；（三）视听资料；（四）证人证言；（五）当事人的陈述；（六）鉴定结论；（七）勘验笔录。

Article 63 Evidence shall be classified as follows: (1) documentary evidence; (2) material evidence; (3) audio-visual material; (4) testimony of witnesses; (5) statements of the parties; (6) expert conclusions; and (7) records of inspection.

以上证据必须查证属实，才能作为认定事实的根据。

The above-mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.

第六十四条 当事人对自己提出的主张，有责任提供证据。

Article 64 It is the duty of a party to an action to provide evidence in support of his allegations.

当事人及其诉讼代理人因客观原因不能自行收集的证据，或者人民法院认为审理案件需要的证据，人民法院应当调查收集。

"If, for objective reasons, a party and his agent ad litem are unable to collect the evidence by themselves or if the people's court considers the evidence necessary for the trial of the case, the people's court shall investigate and collect it."

人民法院应当按照法定程序，全面地、客观地审查核实证据。

"The people's court shall, in accordance with the procedure prescribed by the law, examine and verify evidence comprehensively and objectively."

第六十五条 人民法院有权向有关单位和个人调查取证，有关单位和个人不得拒绝。

Article 65 The people's court shall have the right to make investigation and collect evidence from the relevant units or individuals; such units or individuals may not refuse to provide information and evidence.

人民法院对有关单位和个人提出的证明文书，应当辨别真伪，审查确定其效力。

"The people's court shall verify the authenticity, examine and determine the validity of the certifying documents provided by the relevant units or individuals."

第六十六条 证据应当在法庭上出示，并由当事人互相质证。

Article 66 Evidence shall be presented in court and cross-examined by the parties concerned.

对涉及国家秘密、商业秘密和个人隐私的证据应当保密，需要在法庭出示的，不得在公开开庭时出示。

"But evidence that involves State secrets, trade secrets and personal privacy shall be kept confidential. If it needs to be presented in court, such evidence shall not be presented in an open court session."

第六十七条 经过法定程序公证证明的法律行为、法律事实和文书，人民法院应当作为认定事实的根据。但有相反证据足以推翻公证证明的除外。

"Article 67 The people's court shall take the acts, facts and documents legalized by notarization according to legal procedures as the basis for ascertaining facts, unless there is evidence to the contrary sufficient to invalidate the notarization."

第六十八条 书证应当提交原件。物证应当提交原物。

Article 68 Any document submitted as evidence must be the original. Material evidence must also be original.

提交原件或者原物确有困难的，可以提交复制品、照片、副本、节录本。

"If it is truly difficult to present the original document or thing, then reproductions, photographs, duplicates or extracts of the original may be submitted."

提交外文书证，必须附有中文译本。

"If a document in a foreign language is submitted as evidence, a Chinese translation must be appended."

第六十九条 人民法院对视听资料，应当辨别真伪，并结合本案的其他证据，审查确定能否作为认定事实的根据。

Article 69 The people's court shall verify audio-visual materials and determine after their examination in the light of other evidence in the case whether they can be taken as a basis for ascertaining the facts.

第七十条 凡是知道案件情况的单位和个人，都有义务出庭作证。有关单位的负责人应当支持证人作证。证人确有困难不能出庭的，经人民法院许可，可以提交书面证言。

"Article 70 All units and individuals who have knowledge of a case shall be under the obligation of giving testimony in court. Responsible heads of the relevant units shall support the witnesses to give testimony. When it is truly difficult for a witness to appear in court, he may, with the consent of the people's court, submit a written testimony."

不能正确表达意志的人，不能作证。

Any person who is incapable of expressing his will properly shall not give testimony.

第七十一条 人民法院对当事人的陈述，应当结合本案的其他证据，审查确定能否作为认定事实的根据。

Article 71 The people's court shall examine the statements of the parties concerned in the light of other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.

当事人拒绝陈述的，不影响人民法院根据证据认定案件事实。

The refusal of a party to make statements shall not prevent the people's court from ascertaining the facts of a case on the basis of other evidence.

第七十二条 人民法院对专门性问题认为需要鉴定的，应当交由法定鉴定部门鉴定；

"Article 72 When the people's court deems it necessary to make an expert evaluation of a problem of a technical nature, it shall refer the problem to a department authorized by the law for the evaluation. "

没有法定鉴定部门的，由人民法院指定的鉴定部门鉴定。

"In the absence of such a department, the people's court shall appoint one to make the expert evaluation."

鉴定部门及其指定的鉴定人有权了解进行鉴定所需要的案件材料，必要时可以询问当事人、证人。

The authorized department and the experts designated by the department shall have the right to consult the case materials necessary for the evaluation and question the parties and witnesses when circumstances so require.

鉴定部门和鉴定人应当提出书面鉴定结论，在鉴定书上签名或者盖章。

The authorized department and the experts it designated shall present a written conclusion of the evaluation duly sealed or signed by both.

鉴定人鉴定的，应当由鉴定人所在单位加盖印章，证明鉴定人身份。

"If the evaluation is made by an expert alone, the unit to which the expert belongs shall certify his status by affixing its seal to the expert's conclusion."

第七十三条 勘验物证或者现场，勘验人必须出示人民法院的证件，并邀请当地基层组织或者当事人所在单位派人参加。

"Article 73 When inspecting material evidence or a site, the inspector must produce his credentials issued by a people's court. He shall request the local grass-roots organization or the unit to which the party to the action belongs to send persons to participate in the inspection. "

当事人或者当事人的成年家属应当到场，拒不到场的，不影响勘验的进行。

"The party concerned or an adult member of his family shall be present; their refusal to appear on the scene, however, shall not hinder the inspection. "

有关单位和个人根据人民法院的通知，有义务保护现场，协助勘验工作。

"Upon notification by the people's court, the relevant units and individuals shall be under the obligation of preserving the site and assisting the inspection. "

勘验人应当将勘验情况和结果制作笔录，由勘验人、当事人和被邀参加人签名或者盖章。

"The inspector shall make a written record of the circumstances and results of the inspection, which shall be duly signed or sealed by the inspector, the party concerned and the participants requested to be present."

第七十四条 在证据可能灭失或者以后难以取得的情况下，诉讼参加人可以向人民法院申请保全证据，人民法院也可以主动采取保全措施。

"Article 74 Under circumstances where there is a likelihood that evidence may be destroyed or lost, or difficult to obtain later, the participants in the proceedings may apply to the people's court for preservation of the evidence. The people's court may also on its own initiative take measures to preserve such evidence."

第一编 总 则 第七章 期间、送达 第一节 期 间

Chapter VII Time Periods and Service　Section 1 Time Periods

第七十五条 期间包括法定期间和人民法院指定的期间。

Article 75 Time periods shall include those prescribed by the law and those designated by a people's court.

期间以时、日、月、年计算。

"Time periods shall be calculated by the hour, the day, the month and the year. "

期间开始的时和日，不计算在期间内。

The hour and day from which a time period begins shall not be counted as within the time period.

期间届满的最后一日是节假日的，以节假日后的第一日为期间届满的日期。

"If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date."

期间不包括在途时间，诉讼文书在期满前交邮的，不算过期。

A time period shall not include travelling time. A litigation document that is mailed before the deadline shall not be regarded as overdue.

第七十六条 当事人因不可抗拒的事由或者其他正当理由耽误期限的，在障碍消除后的十日内，可以申请顺延期限，是否准许，由人民法院决定。

"Article 76 In case of failure on the part of a party to an action to meet a deadline due to force majeure or for other justified reasons, the party concerned may apply for an extension of the time limit within 10 days after the obstacle is removed. The extensionapplied for shall be subject to approval by a people's court."

第二节 送 达

Section 2 Service

第七十七条 送达诉讼文书必须有送达回证，由受送达人在送达回证上记明收到日期，签名或者盖章。

Article 77 A receipt shall be required for every litigation document that is served and it shall bear the date of receipt noted by the signature or seal of the person on whom the document was served.

受送达人在送达回证上的签收日期为送达日期。

The date noted on the receipt by the person on whom the document was served shall be regarded as the date of service of the document.

第七十八条 送达诉讼文书，应当直接送交受送达人。受送达人是公民的，本人不在交他的同住成年家属签收；受送达人是法人或者其他组织的，应当由法人的法定代表人、其他组织的主要负责人或者该法人、组织负责收件的人签收；受送达人有诉讼代理人的，可以送交其代理人签收；受送达人已向人民法院指定代收人的，送交代收人签收。

"Article 78 Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be receipted by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be receipted by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents may be receipted by the person designated."

受送达人的同住成年家属，法人或者其他组织的负责收件的人，诉讼代理人或者代收人在送达回证上签收的日期为送达日期。

"The date put down in the receipt and signed by the adult family member living with the person or whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem, or the person designated to receive documents shall be deemed the date of service of the documents."

第七十九条 受送达人或者他的同住成年家属拒绝接收诉讼文书的，送达人应当邀请有关基层组织或者所在单位的代表到场，说明情况，在送达回证上记明拒收事由和日期，

"Article 79 If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. "

由送达人、见证人签名或者盖章，把诉讼文书留在受送达人的住所，即视为送达。

"After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the place where the person on whom they are to be served lives and the service shall be deemed completed."

第八十条 直接送达诉讼文书有困难的，可以委托其他人民法院代为送达，或者邮寄送达。邮寄送达的，以回执上注明的收件日期为送达日期。

"Article 80 If direct service proves to be difficult, service of litigation documents may be entrusted to another people's court, or done by mail. If the documents are served by mail, the date stated on the receipt for postaldelivery shall be deemed the date of service of the documents."