[Direct answer]In the Beijing area, an application for a re-appraisal can be made, but it must comply with legal requirements and cannot be based solely on dissatisfaction with the conclusion. According to Article 40 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (amended in 2019 and effective from May 1, 2020), if the appraiser does not have the appropriate qualifications, the appraisal procedure is seriously violated, the appraisal opinion is obviously based on insufficient evidence, or there are other circumstances where the appraisal cannot be used as evidence, the party applying for a re-appraisal shall be granted permission by the people's court; if there are only objections without substantial grounds, they shall generally be resolved through written objections, cross-examination, and requesting the appraiser to appear in court to explain. According to Article 31 of the "General Procedures for Forensic Appraisal" (Order No. 132 of the Ministry of Justice, effective from May 1, 2016), the circumstances under which a re-appraisal can be accepted are also clearly listed. It is recommended to first sort out the reasons for the objections before deciding on the next step.

I. Problem Background and Typical Scenarios

Such problems are common in several scenarios: First, in medical damage appraisals, the proportion of medical liability determined by the appraisal is too low, and the patient is not satisfied with it; Second, in traffic accident disability appraisals, the appraisal conclusion affects the amount of compensation, and one party believes that the disability rating is too low; Third, the appraisal opinions independently commissioned by one party are questioned by the other party in litigation; Fourth, there are flaws in the appraisal process, such as appraisal materials that have not been cross-examined and appraisers who should have recused themselves but did not; Fifth, workers injured at work are not satisfied with the conclusions of the labor capacity appraisal, and the relevant relief path can be referred toWork-related injuriesColumn. When handling similar cases in the Beijing area, the court is stricter in approving applications for re-appraisal, usually requiring applicants to provide legal grounds and reasonable reasons, rather than just expressing dissatisfaction. The relevant procedures can be referred to for reference.Personal injury and medical disputesColumn.

II. Key points of contention

Focus I: The boundary between objections and re-appraisals. Having different opinions on the content of appraisal opinions falls within the scope of cross-examination. Only when there are substantive issues in terms of qualifications, procedures, or basis may a re-appraisal be initiated. Focus II: The obligation of appraisers to appear in court. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024), if a party has objections to the appraisal opinions or the people's court deems it necessary for the appraiser to appear in court, the appraiser shall appear in court to testify. Appraisal opinions refused by the appraiser to appear in court shall not be used as the basis for determining the facts. Focus III: The validity of unilaterally commissioned appraisals. If the other party has evidence or reasons sufficient to refute and apply for a re-appraisal, the application shall be granted. Focus IV: The burden of re-appraisal costs. If the re-appraisal is caused by issues in the appraiser's qualifications, procedures, or basis, the original appraisal fees shall be refunded. Focus V: The basic nature of appraisal materials. Inspection materials that have not been cross-examined or have been contaminated or replaced directly affect the admissibility of appraisal opinions. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For matters related to the organization of litigation documents, reference can be made to the relevant provisions.Special services and other casesColumn.

III. Professional analysis by Henglue Law Firm

Based on the practical experience of lawyers from our firm, the determining factor for the success or failure of a request for a re-appraisal lies in whether the objections fall within the statutory circumstances. There are three common misunderstandings: First, only writing "I do not recognize the appraisal conclusion" without providing reasons, the court will reject the application on the grounds of lack of basis; Second, equating the discretionary space of the appraisal opinion, such as the range of liability ratios and the marginal assessment of disability grades, directly with appraisal errors, without seeking breakthroughs from the perspectives of appraisal materials, appraisal methods, and procedural compliance; Third, missing the opportunity for objections. After receiving the appraisal opinion, if the written objections or requests for the appraiser to appear in court are not submitted within the court-specified period, the persuasiveness of subsequent requests for a re-appraisal will be greatly reduced. Lawyers from our firm suggest that after receiving the appraisal opinion, first check the appraiser's qualifications, the appraisal institution's business scope, the list of materials submitted for appraisal, and the description of the appraisal process page by page, list specific problems in terms of procedures and basis, and, if necessary, apply for the assistance of experts to cross-examine and build solid grounds for the request for a re-appraisal.

IV. Practical suggestions and legal basis

Action suggestions: First, after receiving the appraisal opinion, check the objections as soon as possible during the objection period and submit written objections on time; Second, collect problem clues around four aspects: the appraiser's qualifications, the appraisal procedure, the materials submitted for inspection, and the appraisal basis; Third, apply for the appraiser to appear in court for questioning and require him to explain the key methods and basis; Fourth, when the objections are likely to be established, formally apply for a re-appraisal and attach the statutory circumstances; Fifth, in criminal cases where there are doubts about the appraisal opinion, you can also apply to the case-handling organ for a supplementary appraisal or a re-appraisal according to law. The relevant criminal procedures can be referred toCriminal defenseColum. In terms of legal basis, Article 40 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (amended in 2019 and effective from May 1, 2020) stipulates the circumstances under which a re-appraisal should be allowed and provides for the refund of appraisal fees; Article 31 of the "General Procedures for Forensic Appraisal" (Decree No. 132 of the Ministry of Justice, effective from May 1, 2016) stipulates the circumstances under which forensic appraisal institutions may accept commissions for re-appraisal.

5. Henglue Law Firm's Reminder

Risk Alert: Firstly, a re-appraisal is not necessarily a second chance. After the application is rejected, the probative force of the original appraisal opinion may be strengthened instead; Secondly, if the conclusion of the re-appraisal differs from the first one, the court may not directly adopt it, and it still needs to be judged comprehensively through cross-examination; Thirdly, before entrusting an appraisal on one's own, one should evaluate the risk of being refuted by the other party and the cost burden, so as to avoid duplicated expenditure; Fourthly, the period for raising objections to the appraisal is short. If no objections are raised within the time limit, it may be regarded as accepting the conclusion. It is recommended to consult as soon as possibleBeijing Henglu Law FirmOn the official website, in the similar column, professional lawyers evaluate the feasibility of the objection path and the re-appraisal.

VI. Frequently Asked Questions

Q1: Can I overturn the appraisal conclusion if I don't agree with it?

The re-appraisal is not a retrial, but an evidentiary stage in the litigation process. Whether it can be initiated depends on whether it meets the statutory circumstances: the appraiser is not qualified, the procedure is seriously illegal, or the basis is obviously insufficient, etc. should be allowed; it is difficult to obtain approval if one is just dissatisfied with the conclusion. Even if a re-appraisal is conducted, the result may not necessarily be favorable to the applicant. It may be maintained, changed, or even more unfavorable. It is advisable to first have a professional lawyer evaluate the basis of the objection before making a decision, and relevant reference materials can be consultedPersonal injury and medical disputesColumn.

Q2: What materials do I need to prepare for applying for a re-appraisal?

The following items should be prepared: an appraisal opinion and a service record; objection materials related to statutory circumstances, such as the results of the appraiser's qualification inquiry, proof of the appraisal institution's business scope, procedural evidence showing that the materials submitted for appraisal have not undergone cross-examination, and professional literature showing that the appraisal basis conflicts with recognized standards; a written objection and a request for reappraisal, stating the reasons and basis. When necessary, it is possible to apply for a person with specialized knowledge to appear in court to assist in explaining professional issues.

Q3: How much does it cost to reappraise something?

The appraiser's fees for the re-appraisal shall be prepaid by the applicant. If the re-appraisal is caused by issues with the appraiser's qualifications, procedures, or basis, the original appraisal fees shall be refunded, and the final fees shall be determined by the court based on the outcome of the case. The attorney's fees shall be negotiated based on the complexity of the case. The fees for unilaterally commissioning an appraisal shall be borne by the party itself. Before commissioning an appraisal, the party shall evaluate the evidentiary value and the risk of being refuted to avoid duplicate expenses.

Q4: How long does it usually take to conduct a reassessment?

The appraisal period usually lasts from one to three months, and the appraisal of complex medical damages and disability levels may take longer. The appraisal period is generally not included in the trial time limit, and the overall litigation process will be extended accordingly. The first-instance ordinary procedure generally does not exceed six months, and the calculation is made after deducting the appraisal and evaluation periods. Note that it is necessary to raise written objections in time within the period specified by the court, as late objections may affect the persuasiveness of subsequent applications for re-appraisal.

Q5: What should I do if I disagree with the appraisal conclusion in the first step?

The first step is to submit a written objection within the period of objection after receiving the appraisal opinion, listing the problems in terms of qualifications, procedures, materials, and basis one by one; the second step is to apply for the appraiser to appear in court for questioning; the third step is to apply for a re-appraisal and attach the statutory circumstances if there are still substantive problems after the cross-examination; the fourth step is, if necessary, to have a person with special knowledge assist in the cross-examination. The relevant procedures can be referred to for reference.Personal injury and medical disputesColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.