Article 35 of the Lawyers Law of People's Republic of China (PRC) * * * An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Two, the court in the case need to investigate and collect evidence, according to the case investigation of the defendant's account.
Third, the plaintiff is a party to the case and has the right to know, so the court or attorney will inform the investigation result.
Fourth, if there is no property in the defendant's account, record it truthfully. Whether it will be traced depends on the actual situation. For example, if there is a transfer record, it will generally be checked.
Lawyers or courts investigate and collect evidence, which means that organizations or individuals who have the right to investigate and collect evidence investigate and collect evidence from relevant units and individuals in order to find out the facts of the case. State organs with the power to investigate and collect evidence include public security and procuratorate.
Article 114th of the Civil Procedure Law states that if a unit that has the obligation to assist in the investigation and execution commits one of the following acts, the people's court shall order it to perform its obligation of assistance and may concurrently impose a fine:
(a) the relevant units refused or hindered the people's court to investigate and collect evidence;
(two) after receiving the notice of the people's court for assistance in execution, the relevant units refused to assist in inquiring, sealing up, freezing, transferring or changing the property;
(3) After receiving the notice from the people's court for assistance in execution, the relevant unit refuses to assist in detaining the income of the person subjected to execution, handling the transfer procedures of relevant property rights certificates, and handing over relevant tickets or other property;
(four) other refused to assist in the implementation.
Reference source: China Laws and Regulations Library Civil Procedure Baidu Encyclopedia Lawyer Law