关键词: 民事诉讼, 司法鉴定, 鉴定人, 撤销鉴定意见

Abstract: Nowdays, the revocation of appraisal opinion occurs more frequently in civil judicial practice. Through empirical research, it is found that the time when an appraisal opinion is withdrawn often occurs before the opinion has been accepted, and most of the revocation are self-protection measures of appraisers due to the pressure from the parties’ petition, complaint or trouble. However, the revocation of appraisal opinions reduces the efficiency of litigation, impares the credibility of trials, and covertly encourages the parties to take improper actions to overturn appraisal opinions. In this context, Article 42 of Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation promulgated in 2019 regulates the revocation of expert opinions. Nevertheless, there are still some problems in this regulation, such as vague, poor maneuverability and lack of process control of appraisal opinions. In order to regulate the revocation of appraisal opinions in judicial practice, under the guidance of “revocation as an exception, non-revocation as the principle”, legislation should only allow wrong appraisal opinions to be withdrawn after the expert opinions have been accepted.

Key words: civil justice, forensic appraisal, appraiser, revocation of appraisal opinion