A Study On The Cost Of Civil Ligation Appraisal

In China’s civil lawsuit,the nature of appraisal costs is a kind of evidence investigation costs with the concept should be integrated and classified as other litigation costs,following the rules for the burdening of litigation costs.The legitimacy basis for the appraisal fee should be interpreted as the assistance the court in public law based on the court’s appraisal commission for the appraisal agency and the appraisal agency sends appraisers to perform its obligation.However,China’s current civil litigation appraisal costs exist many problems such as the unclear positioning,the confusion in practice and the violation of the due process of appraisal.The root cause of these phenomenone is that the nature and composition of appraisal costs have not been determined correctly.In practice,the lack of a systematic and a burden rule of typing for civil appraisal costs leading different judges have a large deviation in the appraisal costs.Therefore,the basic idea of correcting the current appraisal fee system is to make no effort to improve the composition of the systemic rules of appraisal fees,to promote the scientific and typed development of the advance payment and burden mechanism of appraisal fees on the basis of clarifying the legal nature of appraisal fees.This article is divided into four parts:The first part is an overview of the civil litigation appraisal fee which analyzes the connotation and composition respectively.It also demonstrates that the cost of civil litigation appraisal is actually the necessary consideration for the appraisal agency or the appraiser performs his appraisal obligations to the court.The second part is the investigation of extraterritorial civil litigation appraisal costs.The investigation of the establishment of civil litigation appraisal fees in major countries and regions of the civil law system provides a useful reference for the construction of a complete civil litigation appraisal fee system of China.In the third part,China has establish an empirical analysis system of the cost of civil litigation appraisal of our country,which introspect to the contradiction of the existing system of appraisal cost of civil litigation in terms of the vagueness of the current processing rules and the misplacement of the judicial practice.This section evaluates the level of the rule of China’s existing civil litigation appraisal fee system,and then conducts an empirical study on the processing of existing cases involving theappraisal fee disputes.It also examines existing defects and deficiencies through case analysis and data statistics.The fourth part is to improve the system of China’s civil litigation appraisal costs.At first,it clarifies the establishment of the mechanism in light of China’s situation and then setstles on the deployment of specific rules.Finally,the system’s detailed rules,burden mechanism and relief issue are explained in detail.