Chinanews.com, August 14 According to the official WeChat news of the Supreme Law, the Supreme Law issued on the 14th the "Regulations on Several Issues Concerning the Entrusted Appraisal and Examination in Civil Litigation of the People's Court" (hereinafter referred to as the "Regulations"). The “Regulations” make it clear that the result of polygraph test is not a legal form of evidence stipulated by the Civil Procedure Law and can only serve as a reference. The People’s Court does not authorize an appraisal to avoid using the result of a polygraph test as an expert opinion, which will affect the determination and determination of the facts of the case. legal justices.
The "Regulations" provide detailed guidelines for the review of authentication items. According to the provisions of the Civil Procedure Law, the appraisal can only be initiated when the specific issues in the case need to be resolved. The first part of the "Regulations" requires a strict review of whether the matter to be appraised is a special issue for ascertaining the facts of the case, and clearly defines the facts that can be inferred through common sense of life and rules of experience, issues that are not related to the facts to be verified, and the facts to be verified. Significant issues, non-special issues that should be provided by the parties, facts that can be ascertained through court investigations, inquests, and other methods, as well as the identification of parties' responsibilities, and the application of laws, etc., shall not be entrusted for identification.
The "Regulations" strengthen the review of appraisal institutions and appraisers to ensure the eligibility of appraisers. The eligibility of an appraiser is related to the correct resolution of special problems. Before entrusting appraisal, the appraiser's professional qualifications, practice experience, and scope of practice shall be reviewed to determine whether he has the expertise and experience to solve special problems. If it is found that the specific appraiser does not meet the professional qualifications and abilities required for the trial of the case, the appraiser should be replaced in time, so as not to discover relevant problems until the court cross-examination stage, which will affect the quality and effectiveness of the trial.
The "Regulations" clarify issues that are not provided for in judicial practice but need to be resolved urgently. One is to make it clear that the result of polygraph detection does not belong to the legal form of evidence stipulated by the Civil Procedure Law and can only serve as a reference. The People's Court does not entrust the appraisal to avoid using the result of the polygraph test as an expert opinion, which will affect the determination of the facts of the case and judicial justice. . The second is to clarify the settlement methods for the cross-examination of supplementary appraisal materials, the parties waived the cross-examination and the appraisal materials are disputed. The third is to clarify the form and content of the appraiser's letter of commitment. The fourth is to clarify the appraisal time limit requirements. Fifth, in order to protect the public interest, encourage and support social organizations and people’s procuratorates to initiate public interest litigation, it is stipulated that public interest litigation can apply for postponement of appraisal fees and appraisal fees. In order to effectively solve the difficulties of the masses, it is stipulated that the parties who meet the requirements of legal aid can apply for the suspension of payment or reduction or exemption of appraisal fees and appraisal fees. Sixth, if the appraisal opinion submitted by the appraiser does not meet the basic requirements, the appraiser shall be required to supplement the appraisal in time. The relevant regulations are highly pertinent and operability, and have guiding significance for courts at all levels to carry out entrusted appraisal review.
The "Regulations" further strengthen the supervision of appraisal activities. For the first time, it is stipulated that the people's court shall establish an expert blacklist system, and appraisal institutions and expert witnesses who violate laws and regulations and affect the quality and effectiveness of trial execution can be included in the expert blacklist. During the period when appraisal institutions and appraisers are included in the blacklist, they are not allowed to enter the professional appraisal institutions entrusted by the people's court, the candidate list of professionals, and related information platforms.
The following is the full text of the regulations:
Provisions of the Supreme People's Court on Several Issues Concerning Entrusted Appraisal and Examination in Civil Litigation by the People's Court
In order to further standardize the entrusted appraisal work in civil litigation and promote judicial justice, in accordance with the "Civil Procedure Law of the People's Republic of China", "The Supreme People's Court's Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China", and the Supreme People's Court on Civil Procedure Evidence These regulations are formulated in accordance with the provisions of laws and judicial interpretations such as the Regulations, in accordance with the actual work of the people's courts.
1. Review of authentication items
1. Strictly examine whether the matter to be appraised belongs to the special question of ascertaining the facts of the case. In any of the following circumstances, the people's court will not authorize appraisal:
(1) Facts that can be inferred through common sense of life and rules of experience;
(2) Issues not related to the facts to be verified;
(3) Questions that are meaningless to prove the facts to be proved;
(4) Non-special issues that should be provided by the parties;
(5) Facts that can be ascertained through court investigations and inquests;
(6) Determination of the division of responsibilities of the parties;
(7) Legal application issues;
(8) Lie detection;
(9) Other circumstances that are not suitable for entrusted appraisal.
2. Where the identification technology and method involved in the matter to be identified is controversial, the scientific reliability of the identification technology and method shall be reviewed first. If the appraisal technology and methods involved are not scientifically reliable, the appraisal shall not be entrusted.
2. Review of identification materials
3. Strictly examine whether the appraisal materials meet the appraisal requirements, and the people's court shall inform the parties of the legal consequences of not providing appraisal materials that meet the requirements.
4. Materials that have not been cross-examined by the court (including supplementary materials) shall not be used as authentication materials.
If the parties cannot be contacted, served by public announcement, or the parties give up cross-examination, the authentication materials shall be confirmed by the collegial panel.
5. Materials that are disputed by the parties shall be determined by the people's court and shall not be directly handed over to the appraisal institution or appraiser for selection.
3. Review of appraisal institutions
6. When selecting an appraisal institution, the people's court shall review the qualifications and scope of practice of the appraisal institution in accordance with laws and judicial interpretations.
7. If the parties agree to select an appraisal agency through consultation, the people's court shall review whether the appraisal agency selected through consultation has appraisal qualifications and complies with laws and judicial interpretations. If it is found that the choice of both parties may harm the national interest, collective interest or the interest of a third party, the negotiated selection procedure shall be terminated and random selection shall be adopted.
8. The people's court shall require the appraisal agency to submit the appraisal plan, fee rates, appraisal status, and appraisal undertaking within 5 working days after accepting the entrustment.
For major, difficult, and complex identification matters, the submission deadline can be extended appropriately.
If the appraiser refuses to sign the letter of undertaking, the people's court shall request to change the appraiser or entrust another appraisal agency.
4. Review of the appraiser
9. If the people’s court entrusts an appraisal institution to appoint an appraiser, it shall strictly follow the laws and judicial interpretations to assess the appraiser’s professional ability, practice experience, industry evaluation, scope of practice, appraisal qualifications, the validity period of the qualification certificate, and whether there is any evasion according to law, etc. proceed checking.
In special circumstances, where the people's court directly appoints an appraiser, the review shall be conducted in accordance with the provisions of the preceding paragraph.
5. Review of the appraisal opinion
10. The people's court shall examine whether the expert opinion has the content stipulated in Article 36 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation".
11. If the appraisal opinion has one of the following circumstances, it shall be deemed that the entrusted appraisal has not been completed, and the people's court shall require the appraiser to supplement or re-appraisal:
(1) The appraisal opinion and other parts of the appraisal opinion are contradictory;
(2) The same determination opinion uses uncertainty expression;
(3) The appraisal opinion has other obvious flaws.
If the entrusted appraisal cannot be completed after supplementary appraisal or re-appraisal, the people's court shall order the appraiser to return the appraisal fee already collected.
6. Strengthen the supervision of appraisal activities
12. The people's court shall explain to the parties the legal consequences of failing to pay the appraisal fees and appraisal fees in advance on time, and supervise the charging of appraisal institutions and appraisers.
Public interest litigation can apply for a suspension of payment of appraisal fees and appraisal fees for court appearances.
A party who meets the requirements for legal aid may apply for a suspension or reduction or exemption of payment of appraisal fees and appraisal fees.
13. The people’s court shall determine a reasonable period of appraisal based on the difficulty of appraisal matters and the preparation of appraisal materials. The appraisal period for general cases shall not exceed 30 working days, and the appraisal period for major, difficult and complex cases shall not exceed 60 tasks. day.
If the appraisal institution or appraiser needs to extend the appraisal period due to special circumstances, it shall submit a written application, and the people's court may decide whether to extend the appraisal period according to the specific circumstances.
If the appraiser fails to submit the appraisal certificate on time, the people's court shall examine whether the appraiser has justified reasons. If there is no proper reason and the people's court permits the parties to apply for another entrusted appraisal, it shall order the original appraisal institution and appraiser to return the appraisal fees already collected.
14. Where an appraisal agency or appraiser exceeds the scope of the appraisal, false appraisal, delays in appraisal without justified reasons, refusal to testify in court, illegal charges, or other violations of laws and regulations, the people’s court may suspend the entrustment of the appraisal agency or appraiser according to the seriousness of the circumstances. Order the refund of appraisal fees, remove the appraisal agency from the people’s court commissioned professional appraisal agency, and the list of professionals for punishment, and issue judicial advice to the administrative department or industry association. Where an appraisal institution or appraiser has illegal or criminal circumstances, the people's court shall transfer relevant clues to the public security and procuratorial organs for handling.
The people's court has established a blacklist system for authenticators. If the appraisal institution or appraiser has the circumstances mentioned in the preceding paragraph, it may be included in the appraiser blacklist. During the period when appraisal institutions and appraisers are included in the blacklist, they are not allowed to enter the professional appraisal institutions entrusted by the people's court, the candidate list of professionals, and related information platforms.
15. The people's court shall make full use of the entrusted appraisal information platform to strengthen the management of entrusted appraisal.
16. In administrative litigation, the People's Court entrusts appraisal, and these regulations apply by reference.
17. This regulation shall come into effect on September 1, 2020.