Research On Neutral Evaluation Mechanism Of Civil And Commercial Disputes

In recent years,the changes of a series of social structural factors have led to the imbalance between supply and demand of legal products.The main problem faced by the court is that there are many cases and few people."More cases and fewer people" is neither a problem that can be solved by litigation alone,nor a problem that can be solved by the internal circulation of the court.To this end,the Supreme People’s court hopes to solve disputes outside litigation and explore the establishment of a neutral evaluation mechanism for civil and commercial disputes.The neutral evaluation mechanism originates from the extraterritorial ENE procedure.At present,the academic research on this mechanism still stays at the level of mechanism introduction,and there are no systematic research results.As an extraterritorial experience,the localization of neutral evaluation mechanism must be considered in the process of transplantation.By analyzing the local practice mode of neutral evaluation of civil and commercial disputes in China,this paper finds that there are some problems in the neutral evaluation mechanism of civil and commercial disputes,such as mechanism alienation,unclear evaluation content,too narrow application scope,different starting methods,excessive expansion of the effectiveness of evaluation report and so on.This paper holds that the neutral evaluation mechanism of civil and commercial disputes should be positioned as an auxiliary dispute resolution mechanism;In terms of evaluation content,it should include both legal issues and some important professional issues;In general,the neutral evaluation mechanism of civil and commercial disputes has no applicable restrictions on the types of disputes,but due to the consideration of litigation economy and some policy factors,some types of cases are not suitable for neutral evaluation procedures;The initiation of the neutral evaluation mechanism of civil and commercial disputes should be based on the voluntary principle of the parties;The neutral assessment report should not have legal effect,only for reference,but can be given a certain soft coercive force.