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Promulgated by Shenzhen Longgang District Judicial Bureau
In litigation, if the parties have objections to the expert opinion, the expert shall testify in court after being notified by the people's court according to law.
[Interpretation] This article is about the provision that the appraiser should testify in court if the parties have objections to the appraisal opinions in the litigation.
The term "party" as mentioned in this article refers to the person who has a direct interest in the case, participates in the litigation in his own name and is bound by the ruling and judgment of the people's court. According to Article 82 of the Criminal Procedure Law, the parties to criminal proceedings refer to the victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil proceedings. Article 49 of the Civil Procedure Law stipulates that citizens, legal persons and other organizations may act as parties to civil litigation, with legal persons prosecuted by their legal representatives and other organizations prosecuted by their principal responsible persons. According to the provisions of the Administrative Procedure Law, the parties to administrative litigation refer to citizens, legal persons, other organizations and administrative organs who bring a lawsuit to the people's court in their own name, respond to the lawsuit and participate in the lawsuit, and are bound by the ruling and judgment of the people's court. It mainly shows that one party is a citizen, legal person or other organization that refuses to accept the specific administrative act of the administrative organ, and the other party is an administrative organ or an organization authorized by laws and regulations that has made the specific administrative act. "Objection to the expert opinion" means that the litigants have different opinions on the expert opinion as evidence, such as thinking that the expert opinion is wrong or the expert method is unscientific, and the expert procedure is wrong. According to different situations, the parties have objections to the expert opinions, some may have objections to one expert opinion, and some may have objections to multiple expert opinions in a case.
If the parties have any objection to the expert opinion, the expert shall testify in court after being notified by the people's court according to law. According to the provisions of the Procedural Law, the expert conclusion is a kind of evidence, and it is the personal opinion put forward by the appraiser after using his professional knowledge to judge the specialized issues in the case. Therefore, the appraiser is essentially a witness who provides opinions and evidence on a specific issue, which is called "expert witness" in some countries' laws. The appraiser is a participant in the lawsuit. According to the appraiser responsibility system, the appraiser should be responsible for his own actions and the appraisal opinions issued. When an expert testifies in court, he expounds his own expert opinions from the aspects of scientific basis, appraisal steps, appraisal methods and reliability, and answers questions face to face in court, which can make the judge better examine the credibility of expert opinions, or analyze and compare several different expert opinions and get the correct expert opinions. After cross-examination by the court, if the appraiser cannot convince the judge that his appraisal opinion is correct, the judge may decide to re-appraise. This is very necessary for the judgment to be based on science, and it is also beneficial for the parties to further understand the real situation of the case, eliminate doubts and obey the judgment. Article 47 of the Criminal Procedure Law stipulates that the testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the court can only take the testimony of witnesses from all sides as the basis for finalizing the case after trial and verification. Article 70 of the Civil Procedure Law stipulates that all units and individuals who know the case are obliged to testify in court. At present, in judicial practice, it is common for witnesses, including experts, not to testify in court, which is not conducive to establishing the fairness of judgments. Especially in the case that there are many different expert opinions or witness testimonies, why should the judge adopt one expert opinion or witness testimony instead of another and not conduct public cross-examination, which will easily lead to black-box operation and damage the fairness and authority of the judgment. Therefore, it is a very important procedural system to require appraisers to testify in court. This article clearly requires the appraiser to testify in court after being notified by the people's court according to law when the parties have objections to the appraisal opinions, making it a legal obligation for the appraiser to testify in court.
legal ground
According to Article 82 of the Criminal Procedure Law, the parties to criminal proceedings refer to the victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil proceedings.
Article 49 of the Civil Procedure Law stipulates that citizens, legal persons and other organizations may act as parties to civil litigation, with legal persons represented by their legal representatives and other organizations represented by their clients. According to the provisions of the Administrative Procedure Law, the parties to administrative litigation refer to citizens, legal persons, other organizations and administrative organs who bring a lawsuit to the people's court in their own name, respond to the lawsuit and participate in the lawsuit, and are bound by the ruling and judgment of the people's court. It mainly shows that one party is a citizen, legal person or other organization that refuses to accept the specific administrative act of the administrative organ, and the other party is an administrative organ or an organization authorized by laws and regulations that has made the specific administrative act. "Objection to the expert opinion" means that the litigants have different opinions on the expert opinion as evidence, such as thinking that the expert opinion is wrong or the expert method is unscientific, and the expert procedure is wrong. According to different situations, the parties have objections to the expert opinions, some may have objections to one expert opinion, and some may have objections to multiple expert opinions in a case.
Article 47 of the Criminal Procedure Law stipulates that the testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the court can only take the testimony of witnesses from all sides as the basis for finalizing the case after trial and verification.
Article 70 of the Civil Procedure Law stipulates that all units and individuals who know the case are obliged to testify in court. At present, in judicial practice, it is common for witnesses, including experts, not to testify in court, which is not conducive to establishing the fairness of judgments. Especially in the case that there are many different expert opinions or witness testimonies, why should the judge adopt one expert opinion or witness testimony instead of another and not conduct public cross-examination, which will easily lead to black-box operation and damage the fairness and authority of the judgment. Therefore, it is a very important procedural system to require appraisers to testify in court. This article clearly requires the appraiser to testify in court after being notified by the people's court according to law when the parties have objections to the appraisal opinions, making it a legal obligation for the appraiser to testify in court.