On the Application of Documentary Evidence Order System in Cases Involving E-commerce Platforms

Abstract

In 2020 the Supreme People’s Court of China issued new regulations on civil litigation. The regulations formalised a relatively well-developed system for the documentary evidence order system. This Article discusses the use of the system in tort and contract cases involving e-commerce platforms, dividing such cases into two categories: those where the platform is the direct counterparty and those where the third party is. This research is based on a large body of relevant academic literature and judicial cases, and leads to legislative proposals for further improvement of the order. It also proposes the idea of integrating and improving the system with the investigation order system, in view of the fact that the system cannot cover the situation where the evidence is under the control of a third party. In addition, the Article further compares the Chinese system of discovery orders with the common law systems of discovery, explains the reasons why the exchange of evidence system derived from discovery is not taken seriously in China, and proposes solutions.