On The Standardization Of Pre-litigation Appraisal System

The pre-trial appraisal system is the application of the judicial appraisal system in civil cases.In recent years,the Supreme People’s Court and local courts at all levels have generally explored the development of pre-trial appraisal and issued relevant regulations.Pre-trial appraisal belongs to the category of judicial appraisal and should follow the basic rules of judicial appraisal system.It is necessary to sort out the pedigree of pre-trial appraisal,delimit the boundary and scope of pre-trial appraisal and extra-trial appraisal,and clarify the relationship between pre-trial appraisal and in-trial appraisal.The pre-litigation appraisal is more authoritative than the extra-litigation appraisal,and has multiple resolution of dispute and neutral appraisal value compared with the in-litigation appraisal.The application of the pre-trial appraisal system can not only enable the parties to make a comprehensive assessment of the possible development of the dispute in the exchange of sufficient evidence,laying the foundation for mediation,but also distribute the specialized problems in the dispute to professional appraisal institutions for handling,laying the groundwork for the rapid resolution of the dispute after it enters the stage of litigation,and helping to improve the quality and efficiency of the trial.But the objective of pretrial appraisal is not clear,which causes trouble to legislation and judicial practice.From the legislative status quo,the provisions of pre-trial appraisal system are relatively principled,few detailed provisions.The standard of the pre-trial appraisal system needs to be improved.There are some phenomena,such as the lack of independence of the pre-trial appraisal procedure,the delay of the procedure due to the parties,the insufficient management of the pre-trial appraisal case and the insufficient supervision of the appraisal institution,which result in the excessively long time of pre-trial appraisal,the difficulty in fully guaranteeing the entity rights of the parties,and the unsatisfactory effect of dispute resolution.From the current judicial practice,pre-trial appraisal time is positively correlated with trial time,which is helpful to improve the efficiency of litigation trial.However,the success rate of mediation after pre-trial appraisal is not high,and there is a certain gap with the expected effect of diversified dispute settlement.The way to improve the standard of pre-trial appraisal is to establish the goal of promoting pre-trial appraisal cooperatively,form the joint force to solve disputes cooperatively,improve the guarantee system of pre-trial appraisal system legislatively,strengthen the planning and management of pre-trial appraisal procedure in judicial practice,and strengthen the collaborative settlement.