Study On The Revocation Of Appraisal Opinions In Civil Litigation

The Supreme People’s Court Regulations on Evidence in Civil Proceedings,which was amended in 2019,first responded to the revocation of expert opinions in Article 42.However,this article suffers from weaknesses such as thin provisions,unclear regulations and insufficient responses;and fails to dispel the controversy among scholars as to whether an expert opinion can be revoked and whether an expert body has the right to revoke an expert opinion;and is also insufficient to address the many problems arising from the revocation of expert opinions in judicial practice.In the scholars’ controversy as well as the legislative provisions of the appraisal opinion revocation after analysis,combing the adjudication documents found that in judicial practice,there are parties to the appraisal opinion of the means of relief for the alienation of the petition for revocation,appraisal institutions arbitrarily revoke appraisal opinion phenomenon is common,the court on the appraisal opinion can be revoked lack of clear judgment standards,appraisal opinion after the revocation of the parties to the remedy vague and other practical difficulties.The reason for this is the crossover between the court and the authority of the appraisal body,the lack of professionalism of the appraisal body and the appraisers,the uncertainty of the reasons for the revocation of appraisal opinions,and the lack of specific procedural rules for the revocation of appraisal opinions.To alleviate the current dilemma,it is necessary to clarify the boundary between the exercise of power of the court and the competent department of the appraisal body from the perspective of the interface between the management and use of judicial appraisal;to improve the professionalism of appraisal bodies and appraisers;to clarify the reasons for the revocation of appraisal opinions by examining the conditions for initiating re-appraisal and summarising the reasons for the revocation of appraisal opinions in adjudication documents;to establish specific procedural rules,including the construction of procedures for the revocation of appraisal opinions,and to The establishment of specific procedural rules,including the construction of procedures for the revocation of appraisal opinions,the clarification of remedial procedures for the revocation of appraisal opinions and the interface between the revocation of appraisal opinions and relevant litigation procedures.