CHINA EXPERT WITNESS
In China, an expert witness is a technical or professional specialist officially authorised to provide independent opinions in insurance disputes, civil litigation, and compensation claims involving damages.
Expert Witness in China: Legal Framework, Functions, Regulation, and Cost Structure
Unlike common law countries, expert witnesses in China operate within a civil law system where court-appointed expertise plays a dominant role.
Role of expert witnesses in the Chinese insurance environment
Expert witnesses support courts, insurers, and claimants by producing formal technical assessments known as judicial appraisals.
Their opinions often have decisive evidentiary value and are relied upon by judges when determining liability and compensation.
How expert witnesses function in China
Experts conduct inspections, laboratory analyses, document reviews, and damage assessments according to state-approved methodologies.
They submit written reports rather than adversarial testimony, reflecting the inquisitorial nature of Chinese proceedings.
Specific characteristics of expert witness practice in China
Most expert witnesses operate through officially registered forensic appraisal institutions rather than as independent individuals.
This institutional model reinforces standardisation but limits party control over expert selection.
Regulation of expert witnesses in China
Expert witness activities are regulated by the Ministry of Justice and governed by the Judicial Appraisal Administration Regulations.
Only accredited institutions listed in official registries are authorised to issue legally valid expert reports.
Who can become an expert witness in China
Experts must hold advanced technical qualifications, professional licences, and institutional accreditation.
They are commonly engineers, physicians, architects, forensic scientists, or financial specialists.
Who pays the expert witness in China
In most cases, expert fees are advanced by the claimant or assigned by the court.
Costs may later be reallocated between parties depending on the judgment.
Cost and tariff structure
Fees are typically regulated or guided by provincial pricing authorities.
Expert witness costs generally range between 3% and 12% of the assessed damages, depending on complexity.
Importance for foreign insurance policyholders
Foreign policyholders face linguistic, procedural, and regulatory barriers in China.
Expert witnesses help bridge these gaps by translating technical facts into legally acceptable evidence.
Main fields covered by expert witnesses in China
- Motor vehicle accidents
- Construction defects
- Fire and explosion damages
- Medical malpractice
- Industrial accidents
- Flood and water damage
- Environmental pollution
- Product liability
- Business interruption