What are the rules for some problems in judicial expertise?

I. Provisions on Several Issues Concerning Judicial Appraisal Article 1 These Provisions are formulated in accordance with the Interim Provisions on Judicial Appraisal of People's Courts and the Administrative Provisions of the Supreme People's Court on Entrusting Judicial Appraisal by People's Courts in order to standardize the judicial appraisal of intellectual property rights in Beijing courts and ensure fairness and justice in the trial of intellectual property rights cases. Article 2 The judicial appraisal of intellectual property rights as mentioned in these Provisions refers to the activities that appraisers use science and technology or specialized knowledge to appraise and judge the intellectual property issues involved in litigation and provide expert opinions for finding out the facts of the case. Article 3 The Higher People's Court shall be responsible for the administration of judicial expertise entrusted by the courts in the whole city. Article 4 An intellectual property judicial authentication institution that meets the following conditions may voluntarily submit a written application to a higher people's court: (1) It is established according to law; (2) Having a fixed special office space; (3) Having fixed professional employees; (four) in the past two years, it has accepted and completed the judicial appraisal of intellectual property rights for more than three times; (5) It has not been punished by the relevant departments for violating the law and discipline. When submitting a written application, the applicant institution shall submit a copy of the business license or the registration certificate of social organizations as legal persons, the legal person certificate of public institutions, the list of professional and technical personnel and other necessary documents and materials. Article 5 The Higher People's Court shall, after examining the applicant institutions that meet the requirements of Article 3 of these Provisions, determine the list of intellectual property judicial authentication institutions and make it public. Article 6 Entrusted judicial expertise of intellectual property rights shall be conducted in public. Article 7 The judicial appraisal of intellectual property rights is generally applied by the parties concerned and approved by the people's court. When the people's court deems it necessary, it may also decide to conduct appraisal. Anyone who agrees or decides to carry out judicial appraisal of intellectual property rights shall be entrusted by the relevant court, and the specific contents of the entrusted appraisal shall be clarified. Article 8 The people's court shall make clear to the parties the principles and methods of selecting judicial authentication institutions for intellectual property rights, and truthfully record the selection process and results. The staff of the people's court shall not force, signal or induce the parties to make a choice in the process of party selection. Article 9 To determine an intellectual property judicial authentication institution, the parties concerned shall first select a judicial authentication institution through consultation from the list of intellectual property judicial authentication institutions. If the parties unanimously choose, they shall entrust the institution with judicial expertise. Article 10 If one party gives up his choice, or fails to reply within the time limit specified by the people's court after being summoned by a summons, the other party shall make a unilateral choice and the relevant court shall determine it. Article 11 If both parties give up their choice, the relevant court may make a proposal and make a decision after mutual consent. Article 12 If the parties' choices are inconsistent, they shall select two or three institutions from the roster. If one institution in the selection overlaps, it shall be entrusted to conduct judicial expertise. If several institutions overlap, it should be determined by the relevant court among the overlapping institutions. If there is no institutional overlap, it will be decided by the relevant court. When determining the authentication institutions in accordance with the provisions of the preceding paragraph, the courts at all levels shall entrust each case separately and draw lots in the corresponding professional authentication institutions according to the contents of the entrusted judicial authentication. Thirteenth intellectual property judicial expertise involved in the professional, there are laws, regulations or departmental rules to determine the specialized agencies, should be handled in accordance with the relevant provisions. Article 14 Where an intellectual property judicial authentication institution refuses to accept the entrustment, it shall determine another authentication institution in accordance with these Provisions. Fifteenth general intellectual property judicial appraisal work shall be completed within 30 working days from the date when all the appraisal materials are delivered to the appraisal institution; Difficult and complicated judicial expertise shall be completed within 60 working days; If it is necessary to extend the appraisal period because of the special contents of the appraisal, it shall be decided by the relevant court. If the completion of the appraisal work is affected by objective reasons such as incomplete appraisal materials submitted by the parties, the appraisal period shall be recalculated. If the entrusted matters are not completed within the time limit, the relevant court may change the judicial authentication institution upon the application of the parties. Article 16 A judicial authentication institution shall perform its obligation to appear in court for questioning according to law. Where an intellectual property judicial authentication institution fails to perform its obligation to appear in court, the relevant court shall be responsible for handling and giving feedback to the Higher People's Court. Seventeenth in the process of entrusting judicial expertise of intellectual property rights, the courts at all levels shall re-determine the judicial expertise institution if they find any of the following circumstances after examination. The judicial authentication procedure does not conform to the law; (2) The materials of judicial authentication are false or the methods are defective; (3) The judicial appraiser is a party to the case or a close relative of the party; (four) the close relatives of the judicial appraiser have an interest in the case; (5) The judicial appraiser has served as a witness, defender or agent ad litem in this case; (6) Obtaining a judicial authentication project by improper means; (seven) the parties or relevant personnel collude with the judicial authentication institution in bad faith; (eight) other circumstances that may affect the justice of judicial expertise. Article 18 After receiving the appraisal conclusion, the people's court shall notify the parties concerned to receive a copy of the appraisal conclusion within five days. After the service, the parties concerned shall be informed, and if there is any objection, it shall be put forward in writing within 10 days. If it cannot be notified or delivered, it will not affect the work. If the parties raise objections, the relevant court shall notify the appraisal institution 10 days before the court session. Nineteenth intellectual property judicial expertise fees paid by the parties. After the people's court collects the fees, it shall be kept by the financial department of the court on the same day and paid to the entrusted institution after the work is completed. If the party refuses to pay the fee, it shall be decided by the relevant court. Article 20 Intellectual property appraisal fees shall be charged according to the following standards: 1. If the entrusted evaluation project has a fixed industry charging standard, it shall be charged according to the industry charging standard; 2, commissioned by the appraisal project, there is no fixed industry fees or organize expert appraisal, the people's court shall organize the parties to negotiate with the appraiser to determine. Twenty-first after the completion of judicial authentication, courts at all levels and judicial authentication institutions shall fill in the judicial authentication registration form and report it to the High Court for the record. Article 22 Courts at all levels shall strengthen supervision over entrusted judicial expertise. Problems arising in the process of entrusting judicial expertise shall be dealt with in a timely manner according to their functions and powers. Article 23 These Provisions shall be implemented on a trial basis from August 1 day, 2005. Judicial expertise involves many fields, including the identification of people's physical injuries and some property identification, so it involves all aspects of our lives. Judicial expertise is carried out by professionals and professional authorized appraisal institutions, which is a professional and technical act, so it should be carried out in legal institutions.