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Judicial Appraiser (司法鉴定人) study materials
Judicial Appraiser (司法鉴定人) study resources

Judicial Appraiser (司法鉴定人) practice questions

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Question 1Role knowledge and relevant Chinese legal/financial foundations

Under Article 2 of the NPCSC Decision on Judicial Authentication Administration (全国人大常委会关于司法鉴定管理问题的决定) as extended by later Ministry of Justice directives, which four categories are today subject to unified registration management by the judicial administrative department?

  1. Forensic medicine (法医类), physical evidence (物证类), audio-visual and digital data (声像资料), and environmental damage (环境损害) Correct answer.
  2. Medical malpractice, construction engineering, patent evaluation, and trademark arbitration
  3. Financial auditing, real estate valuation, corporate asset assessment, and tax appraisal
  4. Traffic accident liability, maritime salvage, intellectual property pricing, and insurance claims

Explanation

The NPCSC decision names forensic medicine, physical evidence and audiovisual data, together with a provision for other designated appraisal matters. Environmental damage was subsequently brought into unified registration management through the relevant joint framework. The resulting four-category registration scope does not by itself establish one national 2026 multiple-choice examination or technical competence in every specialty.

Question 2Role knowledge and relevant Chinese legal/financial foundations

According to Article 7 of the NPCSC Decision on Judicial Authentication Administration, which entities are strictly prohibited from establishing appraisal institutions?

  1. Public medical universities and forensic medicine research institutes
  2. People's courts and judicial administrative organs (人民法院和司法行政机关) Correct answer.
  3. Independent scientific research academies and tertiary hospitals
  4. Provincial forensic science professional associations

Explanation

Article 7 provides that appraisal institutions set up by investigating organs for investigative work may not accept commissions from society, and that people's courts and judicial administrative departments may not establish appraisal institutions at all (人民法院和司法行政部门不得设立鉴定机构). This keeps adjudication and registration administration separate from third-party forensic appraisal. Article 3, by contrast, allocates registration duties between the Ministry of Justice and the provincial departments.

Question 3Role knowledge and relevant Chinese legal/financial foundations

What fundamental system of personal professional accountability is established by Article 10 of the NPCSC Decision on Judicial Authentication Administration?

  1. The Judicial Committee Joint Responsibility Doctrine, transferring forensic liability to the presiding judges of the trial division
  2. The Institutional Immunity System, shielding individual examiners from cross-examination while assigning all liability to the institution
  3. The Appraiser Responsibility System (鉴定人负责制度), requiring individual appraisers to conduct appraisal independently and bear personal legal responsibility Correct answer.
  4. The Corporate Executive Sole Liability Model, holding only the legal representative of the appraisal institution accountable

Explanation

Article 10 of the NPCSC Decision provides that judicial authentication practices the Appraiser Responsibility System (鉴定人负责制度). Appraisers must independently conduct appraisal, remain personally responsible for their appraisal opinion, and sign or seal the appraisal report.

Question 4Role knowledge and relevant Chinese legal/financial foundations

Under Article 10 of the NPCSC Decision, when multiple appraisers participate in an appraisal and differ in their technical conclusions, how must dissenting views be handled in the official report?

  1. The dissenting appraiser must resign from the institution before the report is released
  2. The majority vote automatically overwrites the minority opinion, which must be destroyed to preserve institutional consensus
  3. The appraisal must be automatically voided and transferred to an appellate court for decision
  4. Dissenting opinions and their underlying technical reasoning must be explicitly noted and recorded in the appraisal document Correct answer.

Explanation

Article 10 of the NPCSC Decision explicitly mandates that in appraisals involving multiple experts, where there are differing opinions regarding the conclusions, the differing opinions must be noted (对鉴定意见有不同意见的，应当注明).

Question 5Role knowledge and relevant Chinese legal/financial foundations

An appraiser is duly notified by the court to testify about a contested appraisal opinion but refuses to appear without legitimate reason. Combining the procedure laws with Article 13 of the NPCSC Decision, what are the statutory consequences?

  1. The appraisal opinion cannot serve as the basis for finding the facts, and the provincial judicial administrative department imposes suspension of practice for 3 months to 1 year (revocation of registration where circumstances are serious) Correct answer.
  2. The appraisal opinion remains valid but the appraiser's fee is reduced by 20% in the court's final cost allocation
  3. The appraiser is placed under 15 days of judicial detention and the case is dismissed without prejudice
  4. The trial court must automatically adopt the opposing party's factual assertions as an unappealable admission

Explanation

Two separate consequences apply. The evidentiary one comes from the procedure laws - Civil Procedure Law Article 81 and Criminal Procedure Law Article 192 both provide that where an appraiser refuses to appear after court notification, the opinion cannot serve as the basis for finding the facts (and in civil cases the paying party may reclaim the fee). Article 11 of the NPCSC Decision states only the duty to appear; the administrative sanction comes from Article 13, paragraph 2, item (3), which prescribes suspension of practice for 3 months to 1 year, escalating to revocation of registration where circumstances are serious.

Question 6Role knowledge and relevant Chinese legal/financial foundations

Which conduct is one of the grounds enumerated in Article 13, paragraph 2 of the NPCSC Decision that triggers suspension of practice and, where circumstances are serious, revocation of registration (撤销登记)?

  1. Failing to complete annual continuing education training hours within the designated calendar year
  2. Causing major losses to a party's lawful rights and interests through gross irresponsibility (因严重不负责任给当事人合法权益造成重大损失) Correct answer.
  3. Relocating office premises within the same municipality without prior 30-day public notice
  4. Charging appraisal fees strictly matching the median tier of the provincial fee schedule

Explanation

Article 13, paragraph 2 lists four grounds: (1) causing major losses to a party's lawful rights and interests through gross irresponsibility; (2) providing false certification documents or otherwise using fraud to obtain registration; (3) refusing to testify after lawful court notification; and (4) other circumstances set by law or administrative regulation. The base sanction is suspension from judicial appraisal work for 3 months to 1 year, escalating to revocation of registration where circumstances are serious. Note that item (2) targets fraud in obtaining registration - deliberately issuing a false appraisal is dealt with separately under Article 13, paragraph 3 and MOJ Order No. 96 Article 30, item (5).

Question 7Role knowledge and relevant Chinese legal/financial foundations

Which article of the NPCSC Decision states the standing bar preventing a person who has had their appraiser registration revoked, been criminally punished for an intentional or occupational negligence crime, or been dismissed from public office from doing judicial appraisal work - and what does it say?

  1. Article 7, which bars them from practising in their home province but permits registration in other consortium provinces
  2. Article 13, which allows re-application for registration after a mandatory 5-year cooling-off period
  3. The final paragraph of Article 4, which states flatly that such persons may not engage in judicial appraisal business (不得从事司法鉴定业务) Correct answer.
  4. Article 12, which permits continued practice provided they issue only advisory consultation reports rather than court opinions

Explanation

The bar sits in the closing paragraph of Article 4, immediately after the three eligibility routes: persons who have received criminal punishment for an intentional crime or an occupational negligence crime, who have been dismissed from public office, or whose appraiser registration has been revoked may not engage in judicial appraisal business. No time limit is attached, so the disqualification is open-ended. MOJ Order No. 96 Article 13 restates the same grounds as bars on applying for registration.

Question 8Role knowledge and relevant Chinese legal/financial foundations

Under Article 12 of the Measures on the Registration of Judicial Appraisers (MOJ Order No. 96), what are the standard educational and professional credentials required for an applicant seeking registration?

  1. Holding a secondary technical school certificate (中专) with at least 2 years of general courtroom clerk experience
  2. Holding an associate degree (大专) in any discipline with at least 1 year of legal administrative experience
  3. Holding a master's degree in law without any requirement for technical work experience in the declared specialty
  4. Holding a relevant senior professional technical title, OR holding a relevant professional qualification / university bachelor's degree with at least 5 years of relevant experience Correct answer.

Explanation

Article 12 of MOJ Order No. 96 specifies that an applicant must possess a relevant senior professional technical title (高级专业技术职称), or possess relevant professional qualifications or a bachelor's degree in a relevant specialty with at least 5 years of related professional work experience.

Question 9Role knowledge and relevant Chinese legal/financial foundations

Under Article 12 of MOJ Order No. 96, what experience requirement applies to applicants seeking registration in experience-based or craft-skill-based appraisal categories (经验鉴定型或者技能鉴定型)?

  1. Having engaged in relevant professional work for at least 10 years and possessing strong specialized technical skills Correct answer.
  2. Having engaged in relevant professional work for at least 3 years under a licensed master craftsman
  3. Holding a national doctoral degree in material science with no minimum work experience
  4. Passing the National Unified Legal Professional Qualification Examination (法考)

Explanation

Article 12, Item 3 of MOJ Order No. 96 explicitly requires that applicants for experience-based or craft-skill-based appraisal categories must possess at least 10 years of relevant professional work experience and demonstrated strong professional technical skills.

Question 10Role knowledge and relevant Chinese legal/financial foundations

Which of the following conditions constitutes an absolute statutory bar preventing an individual from applying for judicial appraiser registration under Article 13 of MOJ Order No. 96?

  1. Having changed employing appraisal institutions twice within the preceding 3 years
  2. Having received criminal punishment for an intentional crime or an occupational negligence crime (因故意犯罪或者职务过失犯罪受过刑事处罚) Correct answer.
  3. Holding concurrent non-remunerated academic membership in a university medical faculty
  4. Reaching 55 years of age while maintaining physical health suited to forensic laboratory work

Explanation

Article 13 of MOJ Order No. 96 bars registration for individuals who have received criminal punishment for intentional crimes or occupational negligence crimes, who were dismissed from public office, or whose judicial appraiser registration was previously revoked.

Question 11Role knowledge and relevant Chinese legal/financial foundations

According to Article 14 of MOJ Order No. 96, how must an individual's application materials for initial judicial appraiser registration reach the judicial administrative department?

  1. Through the local trial court's judicial technical management department after passing a judge interview
  2. Directly as an independent individual citizen walk-in to the municipal justice bureau window
  3. Through the applicant's employing or prospective judicial authentication institution, which reviews and forwards the application Correct answer.
  4. Via an online self-registration portal without institutional affiliation or sponsorship

Explanation

Article 14 of MOJ Order No. 96 provides that where an individual applies to do judicial appraisal work, it is the prospective employing judicial appraisal institution that submits the materials to the judicial administrative organ - the application form, identity and credential evidence, and any other required documents. Article 15 is a different rule: it says the review and time limits follow the corresponding provisions of MOJ Order No. 95. The 2026 Yunnan notice enforces the same channel, accepting registration only through an institution and not from individuals.

Question 12Role knowledge and relevant Chinese legal/financial foundations

What is the validity period of the Judicial Appraiser Practising Certificate (《司法鉴定人执业证》) under Article 17 of MOJ Order No. 96?

  1. 10 years (十年)
  2. 1 year (一年)
  3. 3 years (三年)
  4. 5 years (五年) Correct answer.

Explanation

Article 17 of MOJ Order No. 96 states that the certificate is produced to a uniform Ministry of Justice design and that its period of use is 5 years, counted from the date of issue. Article 19 adds that an appraiser wishing to continue must apply for renewal through their institution at least 30 days before expiry; otherwise the registration authority cancels the registration. MOJ Order No. 95 Article 22 sets the same 5-year term for the institution's Judicial Appraisal Licence.

Question 13Role knowledge and relevant Chinese legal/financial foundations

Under Article 14 of MOJ Order No. 95 (司法鉴定机构登记管理办法), what is the minimum staffing condition for establishing a judicial appraisal institution?

  1. Having 3 or more registered judicial appraisers for each item of declared judicial appraisal business Correct answer.
  2. Having at least 1 senior judicial appraiser who serves as the sole technical director
  3. Having at least 5 registered attorneys and 2 certified public accountants on staff
  4. Having at least 10 technical assistants regardless of certified appraiser credentials

Explanation

Item (6) - the last of the six conditions in Article 14 of MOJ Order No. 95 - requires 3 or more judicial appraisers for each item of judicial appraisal business (每项司法鉴定业务有3名以上司法鉴定人). The same three-appraiser floor appears in Article 5, item (4) of the NPCSC Decision. Do not confuse it with the two-appraiser rule in MOJ Order No. 132 Article 19, which governs how many appraisers must work on an individual case.

Question 14Role knowledge and relevant Chinese legal/financial foundations

Under MOJ Order No. 95, which material and facility condition must be satisfied before a legal entity can be granted a Judicial Authentication License (司法鉴定许可证)?

  1. Maintaining an offshore operational bank account with at least USD 1 million in liquid reserves
  2. Having its own name and domicile, funds of not less than RMB 200,000 to 1,000,000, and the instruments, equipment and accredited testing laboratory needed for the declared appraisal business Correct answer.
  3. Owning an independent multi-story commercial real estate building free of bank mortgages
  4. Operating branch offices in at least three different provincial administrative regions

Explanation

Article 14 of MOJ Order No. 95 sets six conditions: (1) its own name and domicile; (2) funds of not less than RMB 200,000 to 1,000,000; (3) a clearly defined scope of judicial appraisal business; (4) the instruments and equipment necessary for that business; (5) a testing laboratory that has passed metrological certification or laboratory accreditation as required; and (6) three or more judicial appraisers per business item. Note that the capital figure is a fixed statutory band, not a figure scaled to the applicant's size.

Question 15Role knowledge and relevant Chinese legal/financial foundations

Under the 2026 Five-Province (Jiangxi, Hubei, Chongqing, Guizhou, Yunnan) Judicial Authentication Joint Examination framework, what is the validity period and jurisdictional effect of passing scores?

  1. Scores remain valid indefinitely for life but are restricted exclusively to the issuing provincial capital
  2. Scores are valid for 6 months and can only be used for registration within the specific municipality where the exam was sat
  3. Scores are valid for registration for 2 years from publication and are mutually recognized across all five participating jurisdictions Correct answer.
  4. Scores expire within 30 days unless the candidate immediately registers with a national ministry organ

Explanation

Under the Five-Province Cooperation Agreement and official 2026 exam notices (Chongqing/Yunnan), joint examination scores remain valid for 2 years from the date of result publication and are mutually recognized across Jiangxi, Hubei, Chongqing, Guizhou, and Yunnan.

Question 16Role knowledge and relevant Chinese legal/financial foundations

The 2026 Yunnan registration announcement for the five-province joint written assessment includes an exemption policy (免试政策). How does that exemption actually operate?

  1. Candidates for audio-visual or electronic data appraisal are exempt as a class, because those areas are not covered by the joint paper
  2. Exemption is automatic for anyone holding a master's degree or higher in a discipline related to the declared specialty
  3. It is a route, not an entitlement: a person meeting the conditions in Article 31, paragraph 2 of the Yunnan implementing rules must file a written exemption application with supporting evidence by the published deadline and be approved Correct answer.
  4. Exemption is granted after the candidate has worked two years as an assistant inside a licensed judicial appraisal institution

Explanation

The Yunnan announcement states that persons who satisfy Article 31, paragraph 2 of the 云南省司法鉴定机构和司法鉴定人登记管理细则 may submit an application to be excused from the written joint assessment, together with supporting materials, before the stated cut-off, and may be excused once approved. Two things follow: the substantive conditions live in the provincial implementing rules rather than in the examination notice, and nothing is waived automatically - an application and an approval decision are both required.

Question 17Role knowledge and relevant Chinese legal/financial foundations

Under the Measures for the Exit of Judicial Appraisal Institutions and Judicial Appraisers (Trial) (司规〔2021〕5号), what distinguishes cancellation of registration (注销登记) under Article 6 from revocation of registration (撤销登记) under Article 5?

  1. Cancellation is an administrative closure triggered by objective events (certificate expiry without renewal, loss of capacity or death, voluntary dissolution), whereas revocation is a punitive measure for serious unlawful conduct Correct answer.
  2. Cancellation carries criminal imprisonment, whereas revocation is an informal verbal reprimand
  3. Cancellation applies only to state-owned institutions, whereas revocation applies only to private ones
  4. Cancellation can only be ordered by the Supreme People's Court, whereas revocation is issued by the local police

Explanation

Article 5 of 司规〔2021〕5号 lists the revocation grounds, all of them culpable and all qualified by 情节严重: gross irresponsibility causing major loss, obtaining registration by fraud, conduct under MOJ Order No. 95 Article 39 or Order No. 96 Article 29 producing serious consequences, refusing court testimony without lawful cause, and intentionally giving a false appraisal. Article 6 lists the cancellation grounds, which are non-punitive facts: applying to terminate, letting the licence or practising certificate lapse, voluntary dissolution or ceasing to meet establishment conditions, loss of capacity or death, and cancellation of the appraiser's institution. Article 7 sits between them, requiring rectification within a time limit for problems such as failing to meet annual training hours.

Question 18Role knowledge and relevant Chinese legal/financial foundations

What is the legal status and operational identity of a judicial authentication institution registered under the Ministry of Justice in China?

  1. An internal specialized investigative division of the municipal People's Procuratorate
  2. An independent third-party market entity or social organization providing scientific appraisal services to litigation, rather than an administrative or trial body Correct answer.
  3. A subordinate executive agency operating under the command of the municipal public security bureau
  4. An appellate judicial chamber staffed by administrative law judges

Explanation

Judicial authentication institutions are independent social and market-facing scientific service entities registered under the Ministry of Justice. They operate independently of courts, procuratorates, and administrative agencies to provide objective evidentiary opinions.

Question 19Role knowledge and relevant Chinese legal/financial foundations

Under Article 11 of the General Rules for Judicial Authentication Procedures (MOJ Order No. 132), what rule governs the acceptance of appraisal commissions?

  1. Appraisal commissions must be routed through private legal aid clinics before reaching the institution
  2. Individual appraisers may accept private commissions on weekends provided they report the fee to the tax bureau
  3. Commissions must be accepted unifiedly by the judicial authentication institution; individual appraisers are strictly prohibited from accepting private commissions directly Correct answer.
  4. Oral agreements made between a litigant and an individual appraiser are legally binding upon the institution

Explanation

Article 11 of MOJ Order No. 132 is a single sentence - the institution shall uniformly accept judicial appraisal entrustments from case-handling organs (司法鉴定机构应当统一受理办案机关的司法鉴定委托). MOJ Order No. 95 Article 8 states the institutional side of the same rule, and the prohibition on the individual is enforced through MOJ Order No. 96 Article 29, item (3), which makes privately accepting an appraisal entrustment a ground for a warning and an order to rectify.

Question 20Role knowledge and relevant Chinese legal/financial foundations

Under Article 12 of the General Rules for Judicial Appraisal Procedures (MOJ Order No. 132), who must supply authentic, complete and sufficient appraisal materials and bears responsibility for their authenticity and legality?

  1. The individual certified examining appraisers alone
  2. The testing instrument manufacturer that certified the laboratory hardware
  3. The court bailiff who delivered the physical parcel to the reception desk
  4. The commissioning party (委托人) Correct answer.

Explanation

Article 12 of MOJ Order No. 132 requires the commissioning party to supply appraisal materials that are authentic, complete and sufficient, and makes it responsible for their authenticity and legality (对鉴定材料的真实性、合法性负责). The institution's own duty under the same article is narrower: check and record the name, type, quantity, condition, state of preservation and time of receipt. Where a litigant disputes the materials, the objection goes to the commissioning party, not to the institution.

Question 21Role knowledge and relevant Chinese legal/financial foundations

Under Article 13 of MOJ Order No. 132, within what time must a judicial appraisal institution decide whether to accept an entrustment, and what happens when the matter is complex, difficult or special?

  1. Within 7 working days of receiving the entrustment; for complex, difficult or special matters the institution may agree the acceptance timing with the commissioning party Correct answer.
  2. Within 24 hours of receiving the parcel at the reception desk, with no exceptions
  3. Within 30 calendar days regardless of the complexity of the matter
  4. Within 60 working days following consultation with the provincial justice department

Explanation

Article 13 gives a single deadline - the institution shall decide whether to accept within 7 working days from receipt of the entrustment - and one escape valve: for complex, difficult or special appraisal matters it may negotiate the acceptance timing with the commissioning party. There is no fixed extension of a further number of days. Article 14 is the separate substantive test (business scope, lawful purpose, sufficiency of materials), and it allows the institution to ask the commissioning party to supplement incomplete materials.

Question 22Role knowledge and relevant Chinese legal/financial foundations

Under Article 15 of MOJ Order No. 132, which circumstance is a mandatory statutory ground where a judicial authentication institution MUST refuse to accept an appraisal entrustment?

  1. The commissioning party is represented by a legal aid attorney rather than a private law firm partner
  2. The appraisal materials are discovered to be inauthentic, incomplete, insufficient, or obtained through illegal methods (发现鉴定材料不真实、不完整、不充分或者取得方式不合法的) Correct answer.
  3. The economic damages claimed in the underlying lawsuit exceed RMB 50 million
  4. The appraisal matter involves cross-examination across two different municipal jurisdictions

Explanation

Article 15 lists seven entrustments the institution may not accept: the matter falls outside its registered business scope; the materials are found to be inauthentic, incomplete, insufficient or unlawfully obtained; the purpose of the appraisal is unlawful or offends public morals; the requirements breach practice rules or technical specifications; the requirements exceed the institution's technical conditions or capability; the commissioning party has simultaneously entrusted the same matter to another institution; and any other circumstance contrary to law or regulation. Item (2) is the evidence-integrity bar tested here.

Question 23Role knowledge and relevant Chinese legal/financial foundations

Under Article 16 of MOJ Order No. 132 (2016 revision), what document must the institution and the commissioning party sign once the institution decides to accept an entrustment?

  1. A unilateral acknowledgment of receipt signed solely by the courier
  2. An informal verbal understanding confirmed via text messaging
  3. A Judicial Appraisal Entrustment Letter (司法鉴定委托书) Correct answer.
  4. A draft judgment issued by the presiding judge

Explanation

Article 16 requires a 司法鉴定委托书 recording the names of the commissioning party and the institution, the matter entrusted, whether it is a re-appraisal, the purpose, the basic facts of the case, the provision and return of materials, the appraisal risk, and the agreed time limit, fee and payment method plus each side's rights and obligations. The older 司法鉴定协议书 terminology came from the 2007 rules (MOJ Order No. 107), which the 2016 revision repealed - a common trap for candidates studying from outdated material.

Question 24Role knowledge and relevant Chinese legal/financial foundations

Under Article 20 of MOJ Order No. 132, which circumstance requires an appointed judicial appraiser to recuse themselves (回避) from an appraisal?

  1. The appraiser has conducted over 500 appraisals in the declared specialty category
  2. The appraiser previously published peer-reviewed academic articles on the general scientific methodology used in the test
  3. The appraiser graduated from the same university medical school as one of the expert witnesses five years earlier
  4. The appraiser or their close relative has an interest in the case, or previously served as an expert witness or consultant on the same matter Correct answer.

Explanation

Article 20 has two limbs. The first requires recusal where the appraiser or a close relative has an interest in the litigants or in the case behind the appraisal matter such that independence, objectivity and impartiality may be affected. The second requires recusal where the appraiser previously took part in appraising the same matter, previously gave a consultative opinion as an expert, or was previously engaged as a person with specialised knowledge (有专门知识的人) in courtroom cross-examination of the same matter. Article 21 then allocates the decision: the institution decides, and a commissioning party unhappy with that decision may withdraw the entrustment.

Question 25Role knowledge and relevant Chinese legal/financial foundations

Under Article 19 of MOJ Order No. 132, how many judicial appraisers must the institution assign to a single appraisal matter?

  1. Two appraisers (应当指定或者选择二名司法鉴定人), with more permitted for complex, difficult or special matters Correct answer.
  2. One certified appraiser assisted by an intern
  3. At least five forensic specialists, one of whom must be a physician
  4. A panel of three judges together with one certified appraiser

Explanation

Article 19 provides that for the same appraisal matter the institution shall designate or select two judicial appraisers, and that for complex, difficult or special matters it may designate or select several. This case-level rule is distinct from the institution-level staffing floor of three appraisers per business item in MOJ Order No. 95 Article 14(6). Article 18 sets who may be assigned - an appraiser of that institution holding practice qualification for the matter - and forbids the commissioning party from steering the outcome.

Question 26Role knowledge and relevant Chinese legal/financial foundations

Under Article 24 of MOJ Order No. 132, what conditions govern an institution sending staff to collect appraisal materials at the scene (现场提取鉴定材料)?

  1. The provincial justice department must approve each site visit 48 hours in advance
  2. The commissioning party must consent; at least two of the institution's staff must go, at least one of them the appraiser for that matter; and a person assigned or engaged by the commissioning party must witness and sign the collection record Correct answer.
  3. A single appraiser may collect materials alone provided the collection is video-recorded
  4. Collection at the scene is prohibited; all materials must be delivered to the institution by the commissioning party

Explanation

Article 24 first confirms the appraiser's right to review and copy case materials and, where necessary, question litigants and witnesses. It then permits on-site collection with the commissioning party's consent, subject to three controls: no fewer than two of the institution's personnel, at least one of whom must be the judicial appraiser for that matter; and a person designated or engaged by the commissioning party present as witness who signs the collection record. These controls exist to keep the chain of custody defensible when the materials never passed through the commissioning party's hands.

Question 27Role knowledge and relevant Chinese legal/financial foundations

An autopsy (尸体解剖) is needed. The institution notifies the commissioning party and the deceased's close relatives to attend as witnesses, but nobody comes. Under Article 25 of MOJ Order No. 132, what must the appraiser do?

  1. Proceed anyway, because notification alone discharges the institution's duty
  2. Reject the case immediately and return all materials to the commissioning party
  3. Refrain from carrying out the appraisal activity; the resulting delay is not counted towards the appraisal time limit Correct answer.
  4. Proceed only after obtaining an emergency written order from the provincial justice department

Explanation

Article 25 requires witnesses to attend for three sensitive procedures: physical examination of a person with no or limited civil capacity, forensic psychiatric appraisal, and autopsy. Witnesses who attend must sign the appraisal record, and the closing sentence is categorical - where the witnessing personnel do not attend, the judicial appraiser must not carry out the relevant appraisal activity, and the time lost is not counted towards the appraisal time limit. The 2007 rules took the opposite approach (absence did not impede the work); the 2016 revision reversed it, so older study material is unreliable here.

Question 28Role knowledge and relevant Chinese legal/financial foundations

Under Article 28 of MOJ Order No. 132, what is the standard statutory time limit for completing a judicial appraisal, and how can it be extended?

  1. Within 90 calendar days; extendable only by a decree of the State Council
  2. Within 10 calendar days; extendable indefinitely by the individual appraiser without written approval
  3. Within 6 months; no extension is permitted under any legal circumstances
  4. Within 30 working days from the date the Judicial Appraisal Entrustment Letter takes effect; extendable by generally not more than a further 30 working days with the approval of the head of the institution Correct answer.

Explanation

Article 28 requires completion within 30 working days from the date the 司法鉴定委托书 takes effect. Where the matter involves complex, difficult or special technical questions, or the process needs longer, the head of the institution may approve an extension, generally capped at a further 30 working days, and the commissioning party must be told promptly. Two qualifications follow in the same article: the institution and the commissioning party may agree a different time limit, and time spent supplementing or re-collecting materials is excluded from the count.

Question 29Role knowledge and relevant Chinese legal/financial foundations

Under the final paragraph of Article 28 of MOJ Order No. 132, how is time spent supplementing or re-collecting appraisal materials treated when calculating the 30-working-day time limit?

  1. It is NOT counted towards the statutory appraisal time limit (不计入鉴定时限) Correct answer.
  2. It is deducted from the appraiser's annual continuing education hours
  3. It counts as double time against the institution's 30-working-day allowance
  4. It automatically converts the appraisal into an emergency accelerated procedure

Explanation

The last paragraph of Article 28 provides: 在鉴定过程中补充或者重新提取鉴定材料所需的时间，不计入鉴定时限 - time needed during the appraisal to supplement or re-collect materials is not counted in the appraisal time limit. Article 25 creates a second excluded period on the same logic: delay caused by statutory witnesses failing to attend is likewise excluded.

Question 30Role knowledge and relevant Chinese legal/financial foundations

Under Article 30 of MOJ Order No. 132, when may an institution carry out a supplementary appraisal (补充鉴定) at the commissioning party's request, and who performs it?

  1. Whenever the losing party expresses dissatisfaction with the conclusion; a different institution performs it
  2. Where the original entrustment omitted a matter, or the commissioning party supplies new appraisal materials on the original matter, or another circumstance requires it - and the original appraiser performs it Correct answer.
  3. Whenever the institution wishes to charge a further fee after completing the initial examination; any appraiser may perform it
  4. Whenever the case is reassigned to a different presiding judge; the court's technical division performs it

Explanation

Article 30 lists three grounds - the original entrustment omitted a matter; the commissioning party provides new appraisal materials on the original matter; other circumstances requiring supplementary appraisal - and then states the key structural point: supplementary appraisal is a component part of the original entrusted appraisal and shall be carried out by the original judicial appraiser. That is exactly what distinguishes it from re-appraisal under Articles 31 and 32, which must normally go to a different institution and in any event to different appraisers.

Question 31Role knowledge and relevant Chinese legal/financial foundations

Under Article 32 of MOJ Order No. 132, which institution and which appraisers may carry out a re-appraisal (重新鉴定)?

  1. The institution's legal representative alone drafts the re-appraisal without technical staff involvement
  2. The original appraisers must re-examine their own report and issue a confirmation
  3. Normally an institution other than the original one, whose qualifications must be no lower than the original institution's, with at least one re-appraising appraiser holding a senior professional technical title; where special reasons send it back to the original institution, appraisers other than the original ones must be assigned Correct answer.
  4. The original appraisers and newly assigned appraisers together form a joint review board

Explanation

Article 32 sets three cumulative controls. Re-appraisal shall be entrusted to an institution other than the original one; for special reasons the commissioning party may go back to the original institution, but it must then assign appraisers other than those who did the original work. The accepting institution's qualifications must be no lower than the original institution's, and at least one of the re-appraising appraisers must hold a senior professional technical title in the relevant specialty. Article 31 separately lists when re-appraisal may be accepted, including where the original appraiser lacked qualification, the original institution worked outside its registered scope, or an appraiser who should have recused did not.

Question 32Role knowledge and relevant Chinese legal/financial foundations

Under Article 29 of MOJ Order No. 132, which circumstance allows a judicial appraisal institution to terminate an appraisal already under way (终止鉴定)?

  1. The commissioner's legal counsel files a procedural motion to change the trial venue
  2. The trial court announces a routine 10-day summer judicial recess
  3. A competing appraisal institution opens a branch in the same municipal district
  4. The appraisal materials are discovered to be fraudulent, or the commissioner withdraws the entrustment or refuses to cooperate Correct answer.

Explanation

Article 29 permits termination where any of items (2) to (7) of Article 15 emerges mid-appraisal - which includes discovering that the materials are inauthentic or unlawfully obtained; where the materials are consumed and the commissioning party cannot supply more; where the commissioning party will not perform its obligations, the subject will not cooperate, or the work is seriously disrupted so that it cannot continue; where the commissioning party withdraws the entrustment or the fee goes unpaid; where force majeure intervenes; or in other circumstances requiring termination. On terminating, the institution must notify the commissioning party in writing, give reasons and return the materials.

Question 33Role knowledge and relevant Chinese legal/financial foundations

Under the MOJ Notice on Judicial Authentication Document Formats (司发通〔2016〕112号), what are the mandatory core structural sections of a standard Judicial Authentication Opinion (司法鉴定意见书)?

  1. Title, document number, basic information, case abstract, examination process, analysis and discussion, appraisal opinion, signatures, and institutional seal Correct answer.
  2. Indictment charges, defendant confession, victim statement, police interrogation transcript, and verdict
  3. Accounting balance sheet, asset depreciation schedule, tax clearance certificate, and audit seal
  4. Legal counsel closing arguments, settlement negotiations, and court fee allocation decree

Explanation

Under 司发通〔2016〕112号, the standard format of a Judicial Authentication Opinion comprises: 标题、编号、基本情况、检案摘要、检验过程、分析说明、鉴定意见、落款 (signatures of certified appraisers and seal) and attachments.

Question 34Role knowledge and relevant Chinese legal/financial foundations

Under the Judicial Appraisal Document Specification issued with 司发通〔2016〕112号, what must the closing block (落款) of a Judicial Appraisal Opinion contain?

  1. Only the institution's red seal; appraiser signatures are optional administrative details
  2. The signature or personal seal of each performing appraiser, each appraiser's Judicial Appraiser Practising Certificate number, the institution's dedicated judicial appraisal seal, and the date the document was made Correct answer.
  3. The signature of the local public security bureau chief plus notarisation by a state notary office
  4. The plaintiff's lawyer's signature acknowledging receipt before the document may be filed

Explanation

Article 7, item (9) of the Specification requires the 落款 to carry the appraisers' signatures or seals, their 《司法鉴定人执业证》 numbers, the institution's 司法鉴定专用章, and the date of making. This dovetails with MOJ Order No. 132 Articles 37 and 38, which require the opinion to be signed by the appraisers - with dissenting views noted - and stamped with the institution's dedicated appraisal seal, and with the Appraiser Responsibility System in Article 10 of the NPCSC Decision.

Question 35Role knowledge and relevant Chinese legal/financial foundations

A wording flaw or typographical error that does not affect the appraisal opinion is spotted after the Judicial Appraisal Opinion has been issued. How does Article 41 of MOJ Order No. 132 allow the institution to deal with it?

  1. The appraiser strikes the error through by hand, initials the margin, and posts the document back to the judge
  2. The institution destroys every copy of the original and reprints a revised version under the same document number
  3. It makes the correction (补正) on the original opinion, with at least one judicial appraiser signing at the point of correction, and may issue a separate correction document where necessary - the correction must not change the meaning of the appraisal opinion Correct answer.
  4. The court must hold a hearing and issue a ruling amending the text of the appraisal opinion

Explanation

Article 41 allows correction in only three situations: unclear images, spectra or tables; signatures, seals or numbering that do not meet formatting requirements; and flawed wording or wrong characters that do not affect the appraisal opinion. The default method is correction on the original document signed at that point by at least one judicial appraiser, with a separate correction instrument issued only where necessary. The article closes with the hard limit - correction must not change the original meaning of the appraisal opinion, so a substantive error needs supplementary appraisal or re-appraisal instead.

Question 36Role knowledge and relevant Chinese legal/financial foundations

Under Article 23 of MOJ Order No. 132, in what order must a judicial appraiser observe and adopt the technical standards, specifications and methods of the field?

  1. Foreign ISO standards first, overriding Chinese national and industry standards
  2. Technical methods accepted by most experts in the field first, then industry standards, then national standards
  3. University textbook descriptions first, then local commercial standards, then national standards
  4. National standards (国家标准), then industry standards and technical specifications (行业标准和技术规范), then technical methods recognised by most experts in that specialist field (该专业领域多数专家认可的技术方法) Correct answer.

Explanation

Article 23 sets exactly three tiers in this order: national standards; industry standards and technical specifications; and technical methods recognised by most experts in the specialist field. The third tier is a fallback for areas where no standard has been issued, not a free choice - and note that the rule mentions no separate local or group standard tier, so answers that insert one are describing a hierarchy the article does not contain.

Question 37Role knowledge and relevant Chinese legal/financial foundations

Under Article 79 of the PRC Civil Procedure Law (2023 amendment), how is judicial appraisal initiated in civil litigation?

  1. A party may apply to the court for appraisal of a specialised issue bearing on the facts; and where no party applies but the court considers appraisal of a specialised issue necessary, the court shall itself entrust a qualified appraiser Correct answer.
  2. Litigants must hire private investigators to conduct appraisal without informing the people's court
  3. Judicial appraisal can only be initiated by the public prosecutor upon filing an indictment
  4. The people's court must grant every appraisal request made by any party without conducting any judicial review

Explanation

Article 79 has two paragraphs. The first opens the party route - a party may apply to the court for appraisal of a specialised issue bearing on ascertaining the facts. The second supplies the court's own route: where the parties have not applied and the court considers a specialised issue needs appraisal, it shall entrust a qualified appraiser. Article 31 of the 2019 SPC Evidence Provisions adds the gatekeeping detail - the application must be made within the period the court designates and the fee prepaid, failing which the right is treated as waived.

Question 38Role knowledge and relevant Chinese legal/financial foundations

Under Article 79, paragraph 1 of the PRC Civil Procedure Law, how is the appraiser determined once a party has applied for appraisal?

  1. The plaintiff possesses the sole unilateral statutory right to select the appraiser
  2. The two parties negotiate and determine a qualified appraiser; where they cannot agree, the people's court designates one Correct answer.
  3. The institution offering the lowest quotation in public bidding is automatically designated
  4. The presiding judge selects an institution where their family members hold ownership interests

Explanation

The second sentence of Article 79, paragraph 1 puts agreement first: where a party applies for appraisal, the two parties shall negotiate and determine a qualified appraiser, and only if they cannot agree does the court designate one. Article 32 of the 2019 SPC Evidence Provisions makes the court organise that negotiation and then issue an entrustment letter stating the matter, scope, purpose and time limit. Article 80 is a different rule - it gives the appraiser the right to case materials and requires a written, signed or sealed opinion.

Question 39Role knowledge and relevant Chinese legal/financial foundations

Under Article 81 of the PRC Civil Procedure Law, what is the legal consequence if an appraiser, after being notified by the people's court following a party's objection, refuses to appear in court to testify?

  1. The litigation is automatically stayed for 2 years until the appraiser changes their mind
  2. The appraisal opinion is presumed fully truthful and the objecting party is fined for contempt
  3. The appraisal opinion cannot serve as evidence for deciding the case, and the party who paid the fee may demand a full refund Correct answer.
  4. The court enters a default judgment against the defendant regardless of other evidence

Explanation

Article 81 of the Civil Procedure Law dictates that if an appraiser refuses to appear in court after being notified by the court, the appraisal opinion cannot serve as the basis for deciding the case, and the party who paid the appraisal fee may demand a refund.

Question 40Role knowledge and relevant Chinese legal/financial foundations

Under Article 146 of the PRC Criminal Procedure Law, what obligation does the investigative organ have regarding appraisal opinions that will serve as evidence?

  1. It publishes the full forensic autopsy report in national newspapers within 24 hours
  2. It must seal the appraisal opinion and keep it strictly secret until trial verdict
  3. It only needs to inform the victim if the suspect enters a formal guilty plea
  4. It must promptly inform the criminal suspect and the victim of the appraisal opinions Correct answer.

Explanation

The first sentence of Article 146 provides: 侦查机关应当将用作证据的鉴定意见告知犯罪嫌疑人、被害人 - the investigating organ shall inform the criminal suspect and the victim of any appraisal opinion to be used as evidence. Article 145 immediately before it requires the appraiser to write up the opinion and sign it, and imposes legal liability for deliberately giving a false appraisal.

Question 41Role knowledge and relevant Chinese legal/financial foundations

Under the second sentence of Article 146 of the PRC Criminal Procedure Law, what may the criminal suspect and the victim do after being informed of an appraisal opinion?

  1. They may apply, and on that application a supplementary appraisal (补充鉴定) or re-appraisal (重新鉴定) may be carried out Correct answer.
  2. They may immediately file an administrative lawsuit against the testing laboratory
  3. They may unilaterally replace the chief prosecutor with a private investigator
  4. They must sign an unappealable waiver accepting the forensic conclusion

Explanation

Article 146 pairs the duty to inform with a remedy: 如果犯罪嫌疑人、被害人提出申请，可以补充鉴定或者重新鉴定 - where the suspect or victim applies, a supplementary or fresh appraisal may be conducted. The wording is permissive (可以), so the investigating organ decides on the application rather than the applicant having an automatic entitlement. Do not confuse the article number with Article 148, which governs technical investigative measures.

Question 42Role knowledge and relevant Chinese legal/financial foundations

Under Article 192 of the PRC Criminal Procedure Law, when is a judicial appraiser legally required to appear in court to testify in a criminal trial?

  1. In every single criminal trial where an appraisal opinion exists, regardless of whether any party objects
  2. When the court considers it necessary, or when the prosecutor, defendant, or defense counsel has objections and the court deems court appearance necessary Correct answer.
  3. Only when the defendant offers to pay the appraiser's private appearance fee
  4. Never, because written appraisal reports possess absolute conclusive validity in criminal courts

Explanation

Article 192 of the Criminal Procedure Law provides that where the public prosecutor, parties, defenders, or agents have objections to an appraisal opinion and the court considers it necessary for the appraiser to testify, the appraiser shall appear in court.

Question 43Role knowledge and relevant Chinese legal/financial foundations

Under Article 35 of the PRC Administrative Procedure Law, what evidentiary limitation applies to a defendant administrative organ during the litigation?

  1. The defendant administrative organ must pay all legal fees incurred by the plaintiff prior to trial
  2. The defendant administrative organ is completely barred from submitting any technical appraisal evidence
  3. The defendant administrative organ cannot collect new appraisal evidence on its own initiative from the plaintiff or third parties during court proceedings Correct answer.
  4. The defendant administrative organ may retroactively create appraisal documents after receiving the court summons

Explanation

Article 35 states it flatly: 在诉讼过程中，被告及其诉讼代理人不得自行向原告、第三人和证人收集证据 - during the litigation the defendant and its representatives may not themselves collect evidence from the plaintiff, third parties or witnesses, which covers commissioning fresh appraisal from those sources. It works with Article 34, which places the burden of proving the administrative act on the defendant and treats failure to produce evidence as an absence of evidence. The point is that the lawfulness of an administrative act is judged on the evidence held when the act was made, so an appraiser asked to take such a commission mid-litigation should recognise the problem.

Question 44Role knowledge and relevant Chinese legal/financial foundations

Under Article 31 of the Supreme People's Court Provisions on Evidence in Civil Proceedings (2019 revision), what must a party do to keep its right to apply for judicial appraisal, and what happens if it does not?

  1. Apply within 30 calendar days after the first-instance judgment; otherwise the right passes to the appellate court
  2. Apply at any time before enforcement concludes; there is no preclusion
  3. Apply during closing argument; the court then rules on the request on the spot
  4. Apply within the period the court designates and prepay the appraisal fee; missing either step is treated as abandoning the application Correct answer.

Explanation

Article 31 requires the applying party to make the application within the period designated by the court and to prepay the appraisal fee; failing to apply in time or to prepay is treated as abandonment of the application. Paragraph 2 adds the substantive consequence - a party bearing the burden of proof on the fact needing appraisal who, without good reason, fails to apply, fails to prepay, or refuses to supply materials, bears the loss of not having proved its case. Article 30 sits just before it and puts a duty on the court: explain to the parties that the fact needs an appraisal opinion, and designate the application period.

Question 45Role knowledge and relevant Chinese legal/financial foundations

Article 36 of the SPC Civil Evidence Provisions (2019 revision) lists what the court checks a 鉴定书 for. Which item on that list is the one candidates most often forget?

  1. The undertaking (承诺书) the appraiser signed before starting, alongside the commissioning court's name, the matter and requirements entrusted, the materials, the principles and methods relied on, an account of the appraisal process, and the appraisal opinion Correct answer.
  2. A certification that no participating appraiser has ever voted in municipal elections
  3. A notarised transcript of pre-trial settlement negotiations between the litigants
  4. A decree signed by the court president approving the scientific formulas used

Explanation

Article 36 lists seven items: the commissioning court's name; the content and requirements of the entrustment; the appraisal materials; the principles and methods relied on; an account of the appraisal process; the appraisal opinion; and the 承诺书. That last item is the one people miss. Article 33 explains why it exists - before the appraisal begins the court requires the appraiser to sign an undertaking to appraise objectively, impartially and honestly, to appear in court, and to bear legal liability for a false appraisal. Article 36 also requires the 鉴定书 to be signed or sealed by the appraiser with proof of qualification attached, and, for an institutional appraisal, sealed by the institution and signed by the individuals who did the work.

Question 46Role knowledge and relevant Chinese legal/financial foundations

Under Article 40 of the SPC Civil Evidence Provisions (2019 revision), in which circumstance MUST the people's court grant a party's application for re-appraisal (重新鉴定)?

  1. The objecting party demonstrates that another private testing firm charges a lower hourly rate
  2. The appraiser lacks qualifications, the appraisal procedure is seriously illegal, or the opinion clearly lacks factual basis Correct answer.
  3. The appraisal opinion causes adverse emotional distress to the losing litigant
  4. The appraiser's testimony is delivered via video link rather than in-person courtroom attendance

Explanation

Article 40 of the SPC Civil Evidence Provisions provides that re-appraisal must be granted if: (1) 鉴定人不具备相应资格的; (2) 鉴定程序严重违法的; (3) 鉴定意见明显依据不足的; or (4) other circumstances where the opinion cannot serve as evidence.

Question 47Role knowledge and relevant Chinese legal/financial foundations

Under Article 40, Paragraph 2 of the SPC Civil Evidence Provisions (2019 revision), what rule governs appraisal fees when re-appraisal is granted due to lack of qualifications, illegal procedures, or lack of factual basis?

  1. The party requesting re-appraisal must pay double fees to the original institution as compensation
  2. The court reimburses the parties using municipal civil justice administration contingency funds
  3. The appraisal institution that conducted the defective appraisal must refund the collected appraisal fees Correct answer.
  4. The defective fee is transferred to the provincial treasury and non-refundable under all circumstances

Explanation

Article 40, Paragraph 2 of the SPC Civil Evidence Provisions explicitly dictates: 存在上述第一项至第三项情形的，鉴定人已经收取的鉴定费用应当退还 (where re-appraisal is granted under items 1 through 3, fees already collected must be refunded).

Question 48Role knowledge and relevant Chinese legal/financial foundations

Under Article 41 of the SPC Civil Evidence Provisions, how does the court treat an appraisal opinion obtained by a party unilaterally on its own private commission prior to litigation if the opposing party raises valid refutations?

  1. The unilateral report is automatically struck from the record without permitting any cross-examination
  2. The unilateral report is conclusive, irrefutable evidence that bars any subsequent court-entrusted appraisal
  3. The party who hired the private appraiser is fined for bypassing the judicial administrative system
  4. If the opposing party provides sufficient evidence to refute it and applies for appraisal, the court shall grant court appraisal; the unilateral report is not binding judicial authentication Correct answer.

Explanation

Article 41 of the SPC Civil Evidence Provisions states that where a party unilaterally commissions an opinion, and the opposing party provides evidence/reasons sufficient to refute it and applies for appraisal, the court shall grant court appraisal.

Question 49Role knowledge and relevant Chinese legal/financial foundations

Under Article 82 of the Civil Procedure Law and Article 122 of the SPC Interpretation of the Civil Procedure Law, what is the legal status of a person with specialised knowledge (有专门知识的人 / 专家辅助人) appearing in court?

  1. The expert assistant acts to assist the party in cross-examining the appraiser, and their court statements are treated as statements of the party (视为当事人的陈述) Correct answer.
  2. The expert assistant is an independent court officer whose opinion supersedes the registered appraiser's report
  3. The expert assistant serves as an assistant judge with voting rights on technical trial questions
  4. The expert assistant's statements constitute unchallengeable expert witness testimony under oath

Explanation

Civil Procedure Law Article 82 lets a party ask the court to notify a person with specialised knowledge to attend and give views on the appraisal opinion or on a professional question. Article 122 of the SPC Interpretation fills in the detail: one or two such persons may be applied for before the evidence period expires, they appear on behalf of the party to cross-examine the appraisal opinion or address professional issues in the case, their views in court are treated as statements of the party (视为当事人的陈述), and the applying party bears the cost. Article 123 adds that they may be questioned by the bench and, with leave, by the parties, and that they may not take part in courtroom activity beyond the professional questions.

Question 50Role knowledge and relevant Chinese legal/financial foundations

Under the SPC Provisions on Several Issues in the Examination of Entrusted Appraisal in Civil Proceedings (法〔2020〕202号), which matter may a people's court not entrust for appraisal?

  1. Calculating pre-braking vehicle speed based on tire skid marks and road friction
  2. Issues of statutory interpretation and legal application (法律适用问题) Correct answer.
  3. Determining the concentration of ethyl alcohol in biological blood specimens
  4. Identifying handwriting characteristics and stroke habits on a disputed contract

Explanation

Paragraph 1 of 法〔2020〕202号 (issued 14 August 2020, effective 1 September 2020) lists nine matters courts may not entrust: facts inferable from common sense or rules of experience; questions unrelated to the fact to be proved; questions of no use in proving it; non-specialised questions the parties should prove themselves; facts ascertainable through court investigation or inspection; allocation of party responsibility; questions of legal application; polygraph testing; and other matters unsuitable for entrustment. Questions of legal application and responsibility allocation are reserved to adjudication - the drafters' stated aim was to stop appraisal displacing the trial (以鉴代审).