Meaning
An official evaluation procedure conducted by registered institutional experts provides authoritative technical findings on complex factual issues for Chinese courts. Statutory rules governing 司法鉴定 require specialized appraisal agencies registered with judicial administration authorities to perform physical testing, software comparison and forensic analysis. In patent and trade secret disputes, trial judges order judicial authentication when specialized technical assessments exceed ordinary judicial expertise.
The resulting evaluation report functions as primary documentary evidence regarding technical identity, similarity and valuation.
Appraisal Selection
Statutory rosters maintained by judicial administration bureaus govern the selection of qualified appraisal institutions through mutual agreement or court lotteries.
Technical Evaluation
Appraisal experts execute technical protocols, review source code and conduct destructive testing in certified laboratory facilities. The 司法鉴定 process involves joint evidence inspections where both parties observe testing procedures and submit written technical observations. Experts compare patented patent claims against accused product samples, or compare confidential source code against a defendant’s software build.
The completed appraisal document presents formal opinions on whether technical differences exist, whether non-public information was incorporated and whether claimed technical thresholds are satisfied.
Judicial Scope
Trial judges maintain ultimate authority over legal characterizations and are not bound by legal conclusions contained in forensic appraisal reports. Courts evaluate whether the appraisal methodology adheres to statutory standards and reject reports that contain logical flaws, unverified assumptions or procedural violations. While expert findings regarding raw physical parameters and source code identity carry significant weight, the legal determination of patent infringement or trade secret misappropriation remains within the exclusive jurisdiction of the court.
