Wang Xuming: Four sentences clarify the relationship between witnesses, expert witnesses, expert assistants, and appraisals

1. Witnesses and expert witnesses: [Originally different roots, see each other and do not know each other].

A witness is one who knows the facts of a case [knowing the facts of a case (objective?!). )], and the person who gave testimony to the judicial administrative organs. 【Obligation to truthfully state the facts of the case】

Appearing before a court to testify is an activity of attending a court in accordance with the law and giving testimony to the court on the circumstances of a case that you know. Witnesses appearing in court to testify is an expression of the principle of directness and rhetoric, and is an inherent requirement for correctly determining the facts of a case. [Necessity, decisiveness, irreplaceability (specificity), mandatory]

Expert witnesses [also known as persons with specialized knowledge, in 2012, the civil criminal procedure law was newly revised, formally establishing expert assistants], which means that they have certain expertise in certain fields or professions [and have no legal obligation to participate in the case], and this expertise is conducive to the review of the facts of the case [only because they know a certain amount of expertise and are invited to participate in the trial]. [Not: inevitable, decisive, irreplaceable]

The Supreme People's Court places great emphasis on giving play to the role of expert supporters, and actively encourages and supports parties to hire expert witnesses to appear in court to explain specialized issues, which is of great significance to help judges objectively determine key, professional, technical, and controversial evidence. it is a right of the parties.

2. Expert witnesses and expert assistants: [Originally the same person, only because the Lord is different].

Expert witnesses and expert assistants are both "people with specialized knowledge", the parties are hired as expert assistants, and the judicial organs (public authorities) are hired or assigned as expert witnesses.

Article 122 of the Interpretation of the Supreme People's Court on the Application of the ⟨ the ⟩ of the Civil Procedure Law of the People's Republic of China, which came into effect on 4 February 2015, clarifies article 79 of the Civil Procedure Law on the role and legal status of "persons with specialized knowledge" in litigation: "a person with specialized knowledge" is an expert assistant equivalent to the representative of the parties.

Article 2 of the Provisions of the Supreme People's Procuratorate on Several Issues Concerning the Assignment and Employment of Persons with Specialized Knowledge to Participate in Case Handling (Trial Implementation) (hereinafter referred to as the "Provisions (Trial Implementation)"), which came into effect on February 11, 2018, refers to persons with specialized knowledge who use specialized knowledge to participate in the people's procuratorate's case-handling activities, assist in resolving specialized issues, or submit opinions, but do not include persons who participate in case handling as experts. "Specialized knowledge" as used in these Provisions refers to the understanding and experience of personnel in a specific field, with professional and technical characteristics. Here "persons with specialized knowledge" are expert witnesses.

3. Expert assistants and appraisers: [Originally born from the same root, acquaintance is more familiar].

An expert evaluator refers to a person who is appointed or hired by a judicial organ to "assist an expert in criminal cases" to use specialized knowledge or skills to identify and judge the specialized issues of the case.

The evaluator must have no interest in the case and do have specialized knowledge or skills [in principle, the expert assistant has more certain, principled, and more standardized requirements].

According to articles 63 and 72 of China's Civil Procedure Law, for specialized issues, it can be appraised, and the appraisal conclusion belongs to a kind of evidence, which must be cross-examined and reviewed and judged before it can be used as the basis for determining facts.

(1) Can it be carried out in the name of an individual? 【Institution】

(2) Neutral and objective and no interest in the parties to the case? 【Identity Conversion, Recusal System】

(3) What are the legal consequences of initiating and not appearing in court? 【Legal Obligation】

Expert evaluators and witnesses may apply for witnesses to appear in court, or may require parties to appear in court according to the authority of the court; expert assistants may only appear in court on the basis of the application of one party and with the consent of the court or hired by the court ex officio (in criminal cases, the public prosecution organ appoints or hires them).

4. Witnesses, expert witnesses, expert assistants, and evaluators: [There are four people in a case, not the same person].

In the same case, witnesses, expert witnesses, expert assistants, and evaluators cannot be the same person and can only assume one role.

About author:Wang Xuming, a member of the Communist Party of China, has a higher education background in clinical medicine, medical psychology, forensic science (forensic clinical and pathology), civil and commercial law, economics and other higher education backgrounds and corresponding vocational qualifications, has long been engaged in international economic research and teaching, international trade and service trade, focusing on clinical medicine and forensic science, good at medical dispute prevention and treatment, medical damage appraisal and litigation and expert auxiliary services and other fields of consulting and standardized training, and related research and vocational education. He has been engaged in auxiliary trial work such as police and forensic medicine in the Intermediate Court of Yan'an and Kunming for 5 years, and has been engaged in medical and forensic science, legal professional services and judicial appraisal and other related work for 20 years.