What should I do if I don't recognize the results of judicial expertise?
(1) insisted on applying for re-appraisal.
If you want to overturn it because the appraisal conclusion is wrong, you must insist on applying for re-appraisal Then re-appraisal with the support of the judge is the primary purpose. The parties can't simply file an application, but should prepare sufficient and reasonable reasons around the re-appraisal application, collect evidence as much as possible, and do their best. For example, put forward well-founded, legal and reasonable objections to the appraisal conclusion, including appraisal procedures and results, and so on.
In this regard, the legal basis for reference is the Supreme People's Court's "Several Provisions on Evidence in Civil Litigation", which stipulates that "if a party disagrees with the appraisal conclusion made by the appraisal department entrusted by the people's court and submits evidence to prove that there are any of the following circumstances, the people's court shall allow it:
1, the appraisal institution or appraiser does not have relevant appraisal qualification;
2. The appraisal procedure is seriously illegal;
3, the identification conclusion is obviously insufficient;
4. In other cases that cannot be used as evidence after cross-examination, Article 28 stipulates that "if one party entrusts the relevant department to make an appraisal conclusion and the other party has sufficient evidence to refute it, the people's court shall allow it". However, there are no clear and specific standards for "what is the serious illegal act in the appraisal procedure", "the appraisal conclusion is obviously insufficient", "other circumstances that cannot be used as evidence after cross-examination" and "there is enough evidence to refute". Therefore, there are many things to be done, which depends entirely on the efforts of all parties themselves. It is particularly important to hire a professional lawyer. For example, some parties failed to provide sufficient reasons after applying for re-appraisal, or provided sufficient reasons, and the judge refused to support them. Then you may eventually give up the re-appraisal application, or reluctantly agree with the unsatisfactory appraisal conclusion. Many parties don't know that they can apply to the judge for withdrawal or appeal according to law to achieve the purpose of re-appraisal.
(two) to complain to the judicial administrative organs, in order to achieve the purpose of revocation of illegal judicial expertise conclusions.
If a judicial authentication institution conducts judicial authentication activities in violation of laws and regulations, it may complain to the provincial judicial administrative department. The judicial administrative department may investigate and deal with its illegal acts, so that the original appraisal conclusion is invalid or the judicial appraisal institution cancels the illegal appraisal conclusion on its own.
In the current practice of judicial expertise, many appraisal institutions, as commercial subjects, have some problems, such as lax acceptance of entrustment, hasty appraisal conclusion, irregular appraisal procedures, black-box appraisal and bribery and corruption. Therefore, the way to complain and report the illegal acts of judicial authentication institutions can also be considered.
(three) take the initiative to collect other evidence to overturn the expert conclusion, so that the expert conclusion can not be used as the final evidence.
Careful parties will find that there will be a "statement" on the front page of formal judicial expertise opinions. Its contents often include the words that the client should provide authentic, complete and sufficient appraisal materials to the appraisal institution and be responsible for the authenticity and legality of the appraisal materials. The implication is that the appraisal opinion is based on the authenticity, completeness, sufficiency and legality of the materials. If evidence can be collected that denies the authenticity, completeness, sufficiency and legality of the test materials, the expert opinion will lose its basis and naturally cannot be used as the final evidence.
In addition, for those appraisal opinions that lack analysis and argumentation and only have rough and vague conclusions, we can also entrust more authoritative appraisal institutions to make detailed and rigorous appraisal opinions on lean defense and submit them to the court. Although this expert opinion may be ignored by the judge. But it will definitely have some influence on judges. Because they are all opinions, judges prefer the analytical reasoning of opinions rather than just slogan conclusions.