Whoever applies will advance the payment first, and the losing party will ultimately bear it.
Legal Analysis
Accepting appraisal is a preparatory work done by the appraisal department in the preliminary inspection stage. When accepting the appraisal submitted by the entrusting unit for inspection, attention should be paid to the following tasks : 1. Understand the circumstances of the case and clarify the requirements for submission for inspection, that is, understand the occurrence, discovery and relevant circumstances of the investigation from the person who submitted the case. The purpose of understanding the case is first to determine the nature of the case and decide whether the appraisal should be accepted; secondly to clarify the relationship between the handwriting evidence and the case, so as to make an objective and scientific appraisal of the difficult issues encountered based on the case. When accepting an appraisal, you should generally ask the person submitting the case for the following information: (1) The circumstances of the case, that is, the time, place and discovery process of the case. (2) The progress of reconnaissance and investigation work, mainly including the judgment of the scope of the crime and the basis for it, and the basis for the suspect's suspicion. (3) The suspect’s situation, that is, understanding the suspect’s age, place of origin, occupation, education, social experience, personal hobbies, daily performance, etc., so as to determine how capable he is of disguising. (4) Identification and verification of physical evidence, that is, understanding whether the handwriting evidence submitted for inspection has been inspected by other departments, and what the identification conclusion and basis are. In addition, it is also necessary to understand other physical evidence in the case such as paper, writing tools, handprints, footprints, etc. left at the scene. What is the status of the investigation and identification of trace evidence? (5) Clarify the identification requirements, that is, ask the person submitting the inspection to find out what problems the identification is required to solve. If necessary, the identification requirements can be negotiated and modified based on the handwriting evidence and sample conditions.
Legal basis
"Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China" 16. Change Article 72 There are three articles, as Articles 76, 77, and 78, which are revised to: "Article 76 The parties may apply to the People's Court for appraisal on specialized issues of ascertaining facts. The parties apply for appraisal If the parties do not apply for an appraisal, the parties shall negotiate to determine a qualified appraiser; if the negotiation fails, the people's court shall appoint a qualified appraiser. "Article 77 The appraiser has the right to know the case materials required 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 form. "Article 78 If the parties have objections to the appraisal opinion or the people's court believes that it is necessary for the appraiser to appear in court, the appraiser shall appear in court to testify. If the appraiser refuses to appear in court to testify after being notified by the people's court, the appraisal opinion shall not be used as a basis for determining facts; payment of the appraisal The party who paid the fee may request the refund of the appraisal fee. "Add an article as Article 79: "The party may apply to the People's Court to notify a person with expertise to appear in court to provide opinions on the appraisal opinions or professional issues made by the appraiser."