China Naming Network - Auspicious day query - There is something fishy about the judicial appraisal lottery.

There is something fishy about the judicial appraisal lottery.

Legal analysis: the parties have the right to choose an authentication institution, and there are four ways to choose a judicial authentication institution: 1. The two sides can choose a judicial authentication institution through consultation and entrust a qualified authentication institution; 2. Both parties can negotiate, and if consensus is reached, they can also apply to the people's court for the appointment of a judicial authentication institution. 3. Both parties can choose a judicial authentication institution from the list of national judicial authenticators and judicial authentication institutions, and write the names of four judicial authentication institutions in turn according to their own wishes. 4. If negotiation fails, both parties may apply to the court hearing the case to participate in the unified lottery of the Higher People's Court. After accepting the application, the Municipal Higher People's Court will focus on determining the time and determine the judicial authentication institution by random drawing. If the parties need to observe the process of drawing lots, they may apply to the people's court hearing the case. If there is any objection to the appraisal result of the appraisal institution, it may apply for re-appraisal.

Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 40 If a party applies for re-appraisal, the people's court shall allow: (1) the appraiser does not have the corresponding qualifications; (2) The appraisal procedure is seriously illegal; (three) the expert opinion is obviously insufficient; (four) other circumstances in which the expert opinion cannot be used as evidence. In case of any of the circumstances mentioned in Items 1 to 3 of the preceding paragraph, the appraisal fee already charged by the appraiser shall be refunded. Refuse to return, in accordance with the provisions of the second paragraph of article eighty-first. If the defects in the appraisal opinions can be solved by means of correction, supplementary appraisal or supplementary cross-examination and review, the people's court shall not allow the application for re-appraisal. Re-appraisal, the original appraisal opinion shall not be used as the basis for determining the facts of the case.

"Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 41 If one party entrusts relevant institutions or personnel to give opinions on specialized issues, and the other party has sufficient evidence or reasons to refute and apply for appraisal, the people's court shall allow it.