The original documentary evidence shall be submitted. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted.
This provision does not deny the legal effect of photocopied documentary evidence, but it does not clearly stipulate the probative effect of photocopies. Paragraph 2 of Article 65 of the Criminal Law authorizes the people's court to distinguish the authenticity of the certification documents submitted by relevant units and individuals, and to examine and determine their validity. Therefore, whether the photocopied documentary evidence can be accepted depends on the people's court that accepts the case.
If there is an original, but refuses to produce the original without justifiable reasons, the Opinions of the Supreme People's Court on the Application of Several Issues stipulates that:
The evidence material is a copy, and the provider refuses to provide the original or the original clue, and there is no other material to prove it, and the other party refuses to admit it, which shall not be used as the basis for ascertaining the facts in the lawsuit.
Generally speaking, after the implementation of "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", copies of documentary evidence are increasingly difficult to be accepted. For example, if it is a single piece of evidence, it is required to examine whether the evidence is the original, and whether the copies and reproductions are consistent with the original or the original. However, in the absence of other evidence to refer to, the result of this review is often that the copy is not accepted.
Legal basis: Original documentary evidence shall be submitted in Article 68 of People's Republic of China (PRC) Civil Procedure Law. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted.