Legal analysis
Handwriting identification first requires the parties to apply, and the application needs to provide certain materials, such as their own samples and control samples, and then the two sides negotiate to select a professional identification agency to identify the specific handwriting, and finally make a result with professional knowledge. The specific procedure is as follows: 1. One party shall file an application with the court before the time limit for adducing evidence; 2. After cross-examination by both parties, determine the samples for identification; 3. The evaluation institution shall be selected by both parties through consultation or drawing lots; 4. After receiving the appraisal complaint, the appraisal institution shall, by virtue of its own professional technology, make appraisal opinions according to law; 5. If both parties disagree with the appraisal conclusion after receiving the appraisal opinions, they may apply for re-appraisal. It is not necessary for both parties to agree to apply for handwriting identification.
legal ground
Decision of NPC Standing Committee on Amending the Civil Procedure Law of People's Republic of China (PRC). Article 72 is renumbered as three articles as Articles 76, 77 and 78, and is amended as: "Article 76 A party may apply to a people's court for an appraisal on the specialized issue of ascertaining facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court. " If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification. Article 77 An appraiser shall have the right to know the case materials needed for appraisal, and may ask the parties and witnesses when necessary. The appraiser shall put forward written appraisal opinions and sign or seal the appraisal book. "Article 78 If the parties have objections to the expert opinion or the people's court considers it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for ascertaining the facts; The party who paid the appraisal fee may request the return of the appraisal fee. " One article is added as Article 79: "A party may apply to the people's court to notify a person with specialized knowledge to appear in court and express his opinions on the expert opinions or professional issues put forward by the appraiser."