Can the forensic appraisal process be suspended?

Chapter III of the General Principles of Judicial Appraisal Procedures issued by Decree No. 107 of the Ministry of Justice of the People's Republic of China stipulates the time for the implementation of judicial appraisal, including the time for the completion of the appraisal, the extension of the appraisal, the supplementary appraisal and the termination of the appraisal. The relevant content is as follows:

Article 26: Forensic evaluation institutions shall complete the appraisal of the entrusted matters within 30 working days of signing the forensic appraisal agreement with the client.

Where the appraisal matters involve complex, difficult, or special technical issues, or the inspection process takes a long time, the time for completing the appraisal may be extended with the approval of the person in charge of the institution, and the extension time shall generally not exceed 30 working days.

Where the forensic evaluation institution and the client have agreed otherwise on the time limit for completing the evaluation, follow the agreement.

The time required to supplement or re-extract appraisal materials during the appraisal process is not included in the appraisal time limit.

Article 27: In any of the following circumstances during the course of conducting an evaluation, a forensic evaluation institution may terminate the evaluation:

1) Where it is discovered that the use of the entrusted evaluation matter is illegal or contrary to social morality;

2) The appraisal materials provided by the client are untrue or the methods of obtaining them are unlawful;

3) The client is unable or refuses to provide supplementary appraisal materials that meet the requirements because the appraisal materials are incomplete or insufficient, or because the appraisal materials are exhausted or damaged;

4) The client's appraisal requirements or the technical requirements required to complete the appraisal exceed the institution's technical conditions and appraisal capabilities;

5) The client does not perform the obligations provided for in the judicial evaluation agreement, or the person being evaluated does not cooperate, making it impossible to continue the evaluation;

6) The appraisal cannot be continued due to force majeure;

7) The client revokes the evaluation entrustment or actively requests that the evaluation be terminated;

8) The client refuses to pay the appraisal fees;

9) Other circumstances of termination of appraisal as agreed upon in the judicial appraisal agreement.

Where the evaluation is terminated, the forensic evaluation institution shall notify the client in writing, explain the reasons, and return the evaluation materials.

Where the appraisal is terminated, the forensic evaluation institution shall refund the relevant appraisal fees as appropriate on the basis of the reasons for the termination and its responsibility.

Article 28: In any of the following circumstances, forensic evaluation bodies may conduct supplemental evaluations at the request of the client:

1) The client adds new evaluation requirements;

2) The client discovers that there are omissions in the entrusted appraisal matters;

3) The client provides or supplements new appraisal materials during the appraisal process;

4) Other situations where supplemental evaluations are required.

Supplementary appraisal is an integral part of the original commissioned appraisal.

There is no provision for the suspension of identification. If you feel that the content of this appraisal is not substantial, you can choose to supplement the appraisal.

Yes, if there are special circumstances.

Legal analysis: The applicant or the entrusted appraiser can apply for revocation of the application for rebate before the appraisal opinion of law enforcement is issued, and in this case, the appraisal agency can revoke it. However, if an expert opinion has already been made, then it cannot be reversed.

In accordance with laws and regulations, the forensic appraisal institute may also take measures to refuse the application for appraisal of the applicant or the appraiser. However, there is no way to define the right of revocation if the appraisal opinion has already been issued.

Legal basis: "Several Provisions on Evidence in Civil Proceedings" Article 27: Where parties have objections to the appraisal opinions made by the appraisal department entrusted by the people's court and apply for a new evaluation, and submit evidence to prove the existence of any of the following circumstances, the people's court shall permit it:

1) The appraisal body or evaluators do not have the relevant appraisal qualifications;

2) The evaluation procedures are seriously illegal;

3) The basis for the evaluation opinion is clearly insufficient;

4) Other circumstances that cannot be used as evidence after cross-examination", and article 28 stipulates that "where one party entrusts a relevant department to make an appraisal opinion on its own, and the other party has evidence sufficient to refute it, and applies for a new evaluation, the people's court shall approve it".

Article 139:Parties may present new evidence in the court where the law is lacking.

With the court's permission, parties may ask questions of witnesses, evaluators, or inquest personnel.

Where a party requests a new limb examination, evaluation, or inquest, the people's court is to decide whether to approve it.

Legal analysis: Judicial appraisal can be revoked, but this must be based on the fact that the parties can give clear evidence of judicial appraisal errors and omissions, and cannot be revoked casually. Moreover, the revocation of judicial appraisal should also be carried out in accordance with the relevant legal procedures.

Where one party entrusts a 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 evaluation, the people's court shall permit it.

Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 40: Where a party applies for a re-appraisal of a person returning from hunger, and there are any of the following circumstances, the people's court shall permit it:

1) The evaluator does not have the corresponding qualifications;

2) Serious violations of the law in the procedures for the evaluation of hunger;

3) The basis for the evaluation opinion is clearly insufficient;

4) Other situations where the evaluation opinion cannot be used as evidence.

Where there are circumstances in items (1) through (3) of the preceding paragraph, the evaluation fees already collected by the evaluators shall be refunded. and where it is refused to be returned, it is to be handled in accordance with the provisions of paragraph 2 of article 81 of these Provisions.

Where flaws in the evaluation opinion can be resolved through methods such as supplementing and correcting, supplementing the evaluation, or supplementing or re-examining the evidence, the people's court is not to approve the application for a new evaluation.

Where a new evaluation is made, the original evaluation opinion must not be the basis for determining the facts of the case.

It is reasonable to apply to the court to terminate the judicial evaluation. The client may revoke the judicial appraisal entrustment by submitting a written application to the entrusted appraisal body. Where the client applies to revoke the judicial appraisal entrustment, the appraisal is terminated, and the appraisal institution shall refund the appraisal fee as appropriate based on the progress of the appraisal.

The people's court shall decide whether to approve the application. The legal consequences caused by the brother's tease shall be borne by the party applying for withdrawal.

1. What are the principles of judicial appraisal?

1. Judicial appraisal institutions must be statutory appraisal institutions that have obtained the right to implement judicial appraisal in accordance with the provisions of laws, regulations, and departmental rules, and have been approved by judicial organs at or above the provincial level, or specific appraisal institutions entrusted in accordance with the prescribed procedures. The forensic appraiser must be a natural person who meets the prescribed conditions and has obtained a practice license for the professional qualification of a forensic appraiser.

2. Judicial appraisal materials mainly refer to the appraisal object and its samples (samples) to be compared. The subject of the appraisal must be a specialized issue in the case as prescribed by law, and a specialized issue that is not provided for by law cannot be the subject of judicial evaluation. For example, at this stage, China's judicial psychological testing (commonly known as polygraphy) and odor identification (police dog identification) have not yet been used as statutory appraisal objects, and their appraisal conclusions cannot be used as evidence.

3. The legitimacy of the appraisal procedure, including the submission, decision and entrustment, acceptance, implementation, supplementary appraisal, re-appraisal, and joint appraisal of experts, must comply with the provisions of the Procedural Law and other relevant laws, regulations and departmental rules.

4. The steps and methods of identification should be legally confirmed and effective, and the identification standards should be in line with the national legal standards or departmental (industry) standards.

5. The legitimacy of the appraisal results is mainly manifested in the legitimacy of the judicial appraisal documents. The appraisal document must have the document format and necessary content prescribed by law, and the appraisal conclusion must comply with the requirements of evidence and legal norms. The application of judicial appraisal in various fields in China is very extensive, so although the judicial testing has not been legislated separately for the time being, the problems encountered in the implementation of judicial appraisal have attracted the attention of relevant departments, and the management mechanism is constantly adjusted and optimized, and the management system of the judicial appraisal industry will continue to improve, and the results of judicial appraisal are also quite authoritative.