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If they are not satisfied with the appraisal opinion, the law provides that they have to raise an objection within 10 to 15 days.
You can insist on applying for re-evaluation. If the appraisal conclusion is to be overturned because it is wrong, it must insist on applying for a new appraisal. Obtaining the judge's support for the reappraisal is the primary objective.
The parties should not simply file an application, but should prepare sufficient and reasonable reasons for the reappraisal application, collect evidence as much as possible, and do their best. For example, to raise sufficient evidence, lawful and reasonable objections to the appraisal conclusions, including the appraisal procedures and appraisal results, etc.
Actively collect other evidence to overturn the appraisal conclusion, so that the appraisal conclusion cannot be used as evidence in the verdict. Attentive parties will find that there will be a "statement" on the front page of the formal judicial opinion. The content often includes words such as what the client should provide the authentic, complete and sufficient appraisal materials to the appraisal agency, and be responsible for the authenticity and legitimacy of the appraisal materials.
In other words, the appraisal opinion is based on the authenticity, completeness, sufficiency, and legality of the samples. If we can collect evidence that denies the authenticity, completeness, sufficiency, and legitimacy of the test materials, the appraisal opinion will lose its basis and will naturally not be used as evidence in a verdict.
Article 93 of the Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs: When collecting evidence, sampling methods may be employed upon approval of the responsible person for the public security organ's case-handling department. Sampling and evidence collection shall be carried out in a random manner, and the number of samples taken shall be limited to the quality characteristics of this product. When sampling evidence is collected, photographs shall be taken of the scene of the sampling and evidence collection, the items being sampled, and the samples being taken, or a video recording of the sampling process shall be conducted.
The samples taken shall be inspected in a timely manner. Where upon inspection, it can be used as evidence, it shall be seized, registered, stored, or registered in accordance with law; where it is not evidence, the samples shall be promptly returned. If there is a loss of samples, compensation shall be made.
Article 94: In circumstances where evidence might be destroyed or difficult to obtain in the future, it may be registered and stored in advance with the approval of the responsible person for the public security organ's case-handling department. During the period of prior registration and preservation, the evidence holder and other persons must not destroy or transfer the evidence. A decision on the disposition of evidence that has been registered and stored in advance shall be made within 7 days.
If a disposition decision is not made within the time limit, it shall be deemed to be automatically lifted.
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1. Generally, it is 10-15 days, and you will be informed at the end of the appraisal form.
II. Article 27 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates that "where a party has an objection to the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for a new appraisal, and submits evidence to prove the existence of any of the following circumstances, the people's court shall permit it:
1) The appraisal institution or appraiser does not have the relevant appraisal qualifications;
2) The appraisal procedure is seriously illegal;
3) The appraisal conclusion is obviously based on insufficient evidence;
4) Other circumstances that cannot be used as evidence after cross-examination", and Article 28 stipulates that "if one party entrusts the relevant department to make an appraisal conclusion, and the other party has evidence sufficient to refute it, and applies for a new appraisal, the people's court shall approve it".
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If the applicant or any of the parties to the quality dispute has any objection to the quality appraisal report, it may raise an objection within 15 days from the date of receipt of the quality appraisal report, and the quality appraisal organization unit shall handle it, and the objector shall be notified of the processing results. The product quality appraisal center of Zhongke Testing can carry out judicial appraisal report demonstration and consulting services.
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Legal analysis: If the parties have objections to the appraisal opinion, there is no clear provision for how many days to raise an objection, and it will generally be notified in the appraisal report.
Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 37, Paragraph 1 After the people's court receives the appraisal document, it shall promptly send a copy to the parties. Paragraph 2: Where parties have objections to the content of the appraisal report, they shall submit them in writing within the period designated by the people's court.
Paragraph 3: The people's courts shall request that the evaluators make explanations, explanations, or supplements to the parties' objections. Where the people's courts find it necessary, they may request that the evaluator explain, explain, or supplement the content to which the parties have not raised objections.
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Legal Analysis: Where there are objections to the evaluation opinion in a case of public security violations, it shall be submitted within 3 days of receiving a copy of the evaluation opinion. If there is intent on an evaluation opinion in a civil case, it shall be submitted within the period designated by the people's court.
Legal basis: Article 97 of the "Provisions on Procedures for Public Security Organs Handling Administrative Cases" People's police handling cases shall conduct a review of the evaluation opinions.
The public security organs shall send a copy of the evaluation opinion to the suspect or victim within 5 days of receiving the evaluation opinion that is used as evidence after trial.
Where a diagnosis certificate issued by a medical establishment is the basis for the public security organs' determination of the degree of physical injury, the suspect and the victim shall be informed in writing of the conclusion of the diagnosis certificate.
Where the suspect or victim of the violation has objections to the evaluation opinion, they may submit an application for a new evaluation within 3 days of receiving a copy of the evaluation opinion, and a new evaluation is to be conducted after approval by a public security organ at the county level or above. The re-evaluation of the same matter in the same administrative case is limited to one time.
Whether or not a party applies for a new appraisal does not affect the normal handling of the case.
When the public security organs find it necessary, they may also directly decide to make a new evaluation.
Article 37 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings: After the people's court receives the appraisal document, it shall promptly send a copy to the parties.
Where parties have objections to the content of the appraisal document, they shall submit it in writing within the period designated by the people's court.
The people's court shall request that the evaluator make an explanation, explanation, or supplement to the parties' objections. Where the people's courts find it necessary, they may request that the evaluators explain, explain, or supplement the content to which the parties have not raised objections.
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If the applicant is not satisfied with the appraisal opinion, the law stipulates that an objection may be raised within how many days? If the applicant is not satisfied with the appraisal opinion, the law stipulates that an objection may be raised within how many days? 1. Generally, it is 10-15 days, and you will be informed at the end of the appraisal form.
2. Article 27 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates that "where a party has an objection to an appraisal conclusion made by an appraisal department entrusted by the people's court and applies for a new appraisal, and submits evidence to prove the existence of any of the following circumstances, the people's court shall permit it: (1) the appraisal institution is ignorant or the appraisal personnel do not have the relevant appraisal qualifications; 2) The appraisal procedure is seriously illegal; 3) The appraisal conclusion is obviously based on insufficient evidence; (4) Other circumstances that cannot be used as evidence after cross-examination", and Article 28 stipulates that "if one party entrusts the relevant department to make an appraisal conclusion on its own, and the other party has sufficient evidence to refute it and applies for a new appraisal, the people's court shall allow it".
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Legal analysis: An application for re-appraisal shall be submitted within three days of receiving a copy of the appraisal opinion, and a re-appraisal shall be conducted after approval by the public security organ at or above the county level. The re-evaluation of the same matter in the same administrative case is limited to one Min Lu times.
Legal basis: "Provisions on Procedures for Public Security Organs Handling Administrative Cases" Article 27: Public security organs must follow legally-prescribed procedures to collect evidence that can prove whether the suspect violated the law and the severity of the violation. It is strictly forbidden to extort confessions by torture and to use threats, deception, or other illegal methods to gather evidence.
The statements and defenses of suspects who have violated the law and have been collected by illegal methods such as extorting confessions by torture, as well as the statements of the victims and other witness testimony collected by illegal methods such as violence or threats, cannot be the basis of a verdict. Where the collection of physical or documentary evidence does not conform to the legal procedures and might seriously impact the fairness of law enforcement, it shall be supplemented and corrected or a reasonable explanation shall be made; Where it is not possible to make up for the correction or make a reasonable explanation, it cannot be the basis of a verdict.
Just write about how the comrade behaved in the unit.
Date of commission: Exhibit No.:
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Hello! If you want to deal with someone who has an opinion about you as a last resort, you can pretend to be obedient to the other party, or don't comment on the other party's opinion first, and wait for the other party to communicate with you a little, carefully analyze the situation with him, and express his opinion, so that you may be able to discuss a way to achieve both!