Study On The Starting Procedure Of Re-appraisal In Civil Litigation

Appraisal afresh is to point to party or litigant agent in the process of civil action have objection to original appraisal opinion,and apply to the court the activity that has appraisal again with respect to same item.Re-appraisal is a kind of judicial appraisal,which is different from supplementary appraisal and repeated appraisal.Re-appraisal is a new appraisal procedure which starts again on the basis of denying the original appraisal opinion.To a certain extent,the re-appraisal system can effectively supervise the appraisal activities of the original appraisal institutions,correct the wrong appraisal and protect the legitimate rights and interests of the parties concerned.With the constant changes of society,many complicated problems need to be solved by relying on the appraisal procedure.As a result,there are more and more disputes caused by the appraisal activity itself,and the proportion of cases applied for re-appraisal by the parties is also increasing.2019 revision of the provisions about the civil action evidence stipulated in article 40 of the people’s court for application of the new appraisal,the parties shall review expert witnesses have corresponding qualifications and evaluate whether the program serious illegal,expert opinion is obviously insufficient basis and evaluation can be used as evidence,etc.However,in practice,different courts have different criteria for judging the starting conditions of reappraisal,which results in the arbitrariness of reappraisal or not.Online this article through to the written judgment of case analysis,found in the judicial practice to apply for the appraisal of relatively large number of cases,the application of the new appraisal case type is concentrated,to apply for the reason of new appraisal also more extensive,in order to reveal the new appraisal procedures exist in the process of start the abuse of the right to apply for a new appraisal,The judge’s judgment criterion for the starting condition of reappraisal is vague and there is no limit on the number of reappraisal.There are two main reasons for the problems in the starting procedure of reappraisal.First,there is a lack of specific provisions on the starting conditions of reappraisal in the legislation,including abstract relevant provisions of civil procedure and unclear relevant provisions of judicial administration.Second,there is a lack of theoretical attention to the judgment standard of the starting condition of reappraisal.In order to effectively solve the problems existing in the reappraisal start procedure,the first thing to do is to clarify the applicable conditions of the reappraisal start procedure,specifically including further clarifying the judgment standard of "severity" in the "serious violation of the appraisal procedure",and refining the judgment standard of "obvious deficiency" in the "obvious lack of basis for the appraisal opinion".It clearly stipulates the judgment standard of "deemed necessary" in "deemed necessary by the case handling organ".Secondly,it is necessary to standardize the judgment behavior of judges when they start the reappraisal procedure,and help judges to start the reappraisal procedure more accurately by improving the appraisal standards and expert assistant system of different types of cases.Meanwhile,in order to effectively use judicial resources,it is necessary to limit the application times of reappraisal.