The defender has an independent litigation status. He is neither subordinate to the criminal suspect or defendant, nor to the People's Procuratorate or the People's Court. The defender's responsibility is to provide materials and opinions that prove the innocence of criminal suspects and defendants, or to reduce or exempt criminal suspects and defendants from criminal liability based on facts and law, and to protect the legitimate rights and interests of criminal suspects and defendants. A defender's legal status in criminal proceedings is that of an independent litigation participant and a dedicated defender of the legitimate rights and interests of criminal suspects and defendants

Legal basis:

"People's Republic of China*" **Article 76 of the Civil Procedure Law of the People's Republic of China

Parties may apply to the People's Court for appraisal on specialized issues of ascertaining facts. If a party applies for an appraisal, the two parties shall negotiate to determine a qualified appraiser; if the negotiation fails, the people's court shall appoint it. If the party concerned has not applied for appraisal and the people's court considers that appraisal is necessary for a specialized issue, it shall entrust a qualified appraiser to conduct appraisal.

Article 77 The appraiser has the right to know the case materials needed for the appraisal, and may question the parties and witnesses when necessary. The appraiser shall submit a written appraisal opinion and sign or seal the appraisal document.

Article 78 If the parties have objections to the appraisal opinion or the people's court deems it necessary for the appraiser to appear in court, the appraiser shall appear in court to testify. If, upon notice from the People's Court, the appraiser refuses to appear in court to testify, the appraisal opinion shall not be used as the basis for determining the facts; the party who paid the appraisal fee may request the refund of the appraisal fee.

Article 79: The parties may apply to the people's court to notify a person with specialized knowledge to appear in court to provide opinions on the appraisal opinions or professional issues made by the appraiser.

Article 80 When inspecting physical evidence or a scene, the inspector must present the certificate of the People's Court and invite people from the local grassroots organization or the unit where the parties are located to participate. The party concerned or the party's adult family members shall be present. Refusal to be present shall not affect the progress of the inquest. Relevant units and individuals are obliged to protect the site and assist in the inspection work according to the notice of the People's Court. The surveyor shall prepare a written record of the survey status and results, which shall be signed or stamped by the surveyor, parties and invited participants