[Direct answer]In the Beijing area, if the other party transfers or conceals property while the relevant clues are under their control or that of a third party, the party concerned may apply to the court for investigation and evidence collection according to law. According to the provisions on evidence and investigation in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the parties and their litigation agents may apply to the people's court for investigation and collection of evidence that they cannot collect on their own due to objective reasons. If the court deems it necessary, it shall investigate and collect the evidence on its own authority. In practice, three points need to be noted: First, explain the objective reasons for not being able to collect the evidence on their own, such as bank account statements, transaction records, materials for property registration changes, company account books and equity change information, which are usually held by the other party or relevant institutions; Second, clarify the specific scope of the investigation items to avoid the application being too general, such as specifying the account name, period and transaction scope to be retrieved, rather than simply stating "investigate their property"; Third, provide verifiable clues, including account name, time points, transaction amounts, property address and registration change time, etc. The more specific the clues are, the higher the likelihood of being accepted by the court. In addition, attention should be paid to the connection with property preservation: investigation and evidence collection is used to discover property clues, and property preservation is used to control property. Only by cooperating with each other can actual results be achieved; if it is found that the other party is transferring property, it is necessary to promptly assess whether to apply for pre-litigation preservation. Moreover, for those who refuse to cooperate with the investigation, corresponding measures may be applied for in the litigation according to law.Business and contract disputes in enterprisesThe column provides specific instructions on how to conduct investigations, collect evidence, and organize evidence.

1. Problem background and typical scenarios

The parties who consult such issues are often in the stage of weak enforcement after winning the lawsuit or discovering that the other party has hidden assets during the litigation. Common confusions include: whether they can apply to the court to investigate the other party's account, what materials they need to provide, and what to do if the other party refuses to cooperate. In practice, the most common problem is not that the application is rejected, but that the application description is unclear: for example, if it is just written "please investigate the other party's property under his name", it is difficult for the court to determine the specific retrieval objects and scope. A more effective approach is to clearly list the account name, opening bank, retrieval period and transaction type, or the specific address and registration change time of the property. Another common misunderstanding is only investigating without preserving evidence: even if the fund flow is found, if control measures are not taken in time, the other party may continue to transfer funds; therefore, investigation and preservation of evidence usually need to be planned simultaneously. In addition, attention should be paid to the boundaries of the distribution of the burden of proof: applying for investigation solves the problem of evidence collection, but does not change the standard of proof for the substantive claim, so it is still necessary to provide preliminary evidence for the basis of the claim. For the organization of evidence and the connection with the procedure, you can refer to the following content:Creditor's rights and debts, and enforcementColumn.

II. Key points of contention

Focus One: Conditions and scope restrictions for applying for investigation and evidence collection. Focus Two: Proof of objective reasons preventing self-collection. Focus Three: Requirements for the specificity of investigation matters. Focus Four: Form of application materials and submission deadlines. Focus Five: Coordination between court-initiated investigations and requests for investigations. Focus Six: Obligations of cooperation from the investigated parties and handling of refusal to cooperate. Focus Seven: Coordination between investigation and evidence collection and property preservation. Focus Eight: Review of the authenticity of evidence obtained through investigation. In addition, attention should also be paid to the connection between the timing of applying for investigation and the evidentiary deadlines, responses to excessive investigation scopes leading to adjudication, and practical limitations in retrieving online payment and platform data. The above specific rules are subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the perspective of civil litigation and enforcement practices, the effectiveness of investigation and evidence collection depends on the coordination of three aspects. The first aspect is the verifiability of clues: whether the court can accurately locate the subject of investigation according to the content of the application. Therefore, the application should include elements such as the name of the subject, a specific description of the subject matter, the time range, and the type of materials, so that the application is actionable. The second aspect is the support of preliminary evidence: the application usually needs to explain that the party has made reasonable efforts but objectively cannot obtain it, such as being informed by the bank that the court needs to issue formalities, or being informed by the property or registration department that the court needs to retrieve it; such explanations can significantly increase the likelihood of the application being accepted. The third aspect is the connection with preservation and enforcement: after discovering the property, the court should promptly assess the necessity of preservation and the method of guarantee, because the order of property control and subsequent enforcement often determines the actual recovery effect. It should be noted that there is a cycle in investigation and evidence collection. If the litigation is about to be concluded, the application should be submitted as early as possible before the expiration of the evidentiary period, and attention should be paid to the connection between the application and the courtroom evidence arrangement. When handling such matters, our firm usually proceeds in three steps: organizing clues, drafting the application, and advancing the process, and simultaneously designing a preservation plan so that the findings of the investigation can be translated into actual control and enforcement results, rather than just forming a report.

IV. Practical suggestions and legal basis

Action recommendations: First, organize verifiable property clues and time points; Second, clarify the specific scope of the investigation; Third, explain the objective reasons for not being able to collect evidence on one's own; Fourth, submit the application as soon as possible and keep the receipt of acceptance; Fifth, simultaneously evaluate the necessity of property preservation and the guarantee plan; Sixth, apply for corresponding measures against those who refuse to cooperate. Legal basis: The provisions on investigating and collecting evidence in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024); the relevant provisions of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" (Legal Interpretation [2019] No. 19, implemented on May 1, 2020); the specific application shall be subject to the currently effective provisions and the circumstances of individual cases.

5. Henglu Law Firm's Advice

The specificity of the application directly affects the acceptance rate. Firstly, the application must be specific enough to identify the target of the investigation. Secondly, it is crucial to explain the objective reasons why the evidence cannot be collected independently. Thirdly, the completeness of the clues directly affects the effectiveness of the investigation. Fourthly, the investigation and preservation of evidence should be planned simultaneously. Fifthly, attention should be paid to the connection between the evidence collection period and the avoidance of losing the right to seek compensation due to exceeding the time limit. Sixthly, corresponding measures can be applied when the party refuses to cooperate. Seventhly, the evidence obtained from the investigation needs to be corroborated by other evidence. Eighthly, attention should be paid to the differences in strategies between the litigation and enforcement stages. For the explanation of the progress of the procedure and the design of the request, please refer to the relevant materials.Special services and other casesColumn; a common method of fixing evidence, which can be referred to for referenceCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If I apply for a court investigation, can I find out the specific transactions in the other party's account?

You can apply to retrieve the bank transaction details, but this is usually limited to specific accounts and specific periods. Whether you can retrieve specific single-transaction information depends on the court's review and the financial institution's regulations. It is recommended to specify the account name, the opening bank, the query period, and the transaction clues that need to be verified in the application, so that the court can judge the necessity and feasibility of the request.

Q2: Will the court investigate all the property?

No. The court will review the necessity of the application. Applications that are too broad or lack supporting evidence may not be accepted. In practice, it is usually required to provide preliminary evidence and specific clues to explain why the application matters to the dispute. It is recommended to design the scope of the investigation around the core claims to avoid having too many application items that make it impossible to implement the investigation.

Q3: What should I do if the other party refuses to cooperate?

You can apply to the court for corresponding measures, including requiring the other party to provide relevant information, applying for an investigation order or an assistance in enforcement notice when meeting the conditions, and requesting corresponding handling of the refusal to cooperate. In the enforcement process, the court also has the right to issue an assistance in enforcement notice to the assisting enforcement units, requiring them to assist in inquiring into or seizing the corresponding property.

Q4: Can I apply to check the transaction records of the other party on WeChat and Alipay?

You can file an application, but such information is usually controlled by specific platforms, and retrieving it requires going through legal procedures. In practice, there's uncertainty as to whether it can be obtained. It is recommended to first secure clues through other means, such as transfer records, chat records, and payment information agreed upon in contracts, to form a chain of evidence, and then consider applying for an investigation as a supplementary measure.

Q5: Can an investigation still be conducted after the lawsuit ends?

There are still corresponding methods in the execution process, such as applying to the court for investigation and assistance in execution, searching for property clues through the online monitoring system, and applying for resumption of execution when new property clues are discovered. It is necessary to pay attention to time management. Even after the final execution, if new property clues are discovered, it is still possible to apply for resumption of execution, but specific verifiable clues should be provided as soon as possible.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.