| Civil pre-litigation judicial expertise exists objectively in practice,and it is very important to the liability division of both parties and the claim of litigation,but it is lacking in the legal provisions.In judicial practice,because the parties cannot determine the specific amount of the claim or clarify the facts of the case,some common civil litigation cases choose to use the way of judicial identification,but this way will delay the trial period,lead to a long litigation cycle,and increase the litigation burden of the parties.As an indispensable means in civil litigation,judicial expertise has the characteristics of neutrality and objectivity.Especially,it has the effect of clarifying litigation claims,determining the focus of disputes,promoting reconciliation and shortening the litigation cycle,and has been widely promoted and used by courts at all levels.However,in China,civil pre-litigation judicial expertise is mostly carried out with reference to the current relevant laws and regulations of judicial expertise and the internal rules or opinions of the court system,without clear legal guidance,and there are problems such as unclear standards for charging appraisal fees,incomplete duty of care of the court for appraisal process and appraisal opinions,and lack of restraint mechanism of appraisal institutions and appraisers.From the perspective of the court’s conduct of civil pre-trial judicial authentication,based on the latest provisions on judicial authentication,this thesis selected typical cases for analysis,and put forward suggestions such as improving the construction of the system,fulfilling the court’s duty of prudential care,and establishing the code of conduct of authentication institutions and appraisers,so as to make civil pre-trial judicial authentication more operational and feasible.The full text is divided into four parts:The first part expounds the basic theory of civil pre-litigation judicial expertise,including the concept,characteristics,mode,principles followed,differences from other forensic expertise and practice procedures.The second part,with the help of cases,analyzes the problems such as the lack of legal provisions in civil pre-litigation judicial authentication at the present stage,the court’s incomplete duty of care to the appraisal process and appraisal opinions,and the lack of restraint mechanism of appraisal institutions and appraisers,and analyzes the deep causes of the problems,so as to find the focus to solve the problems.The third part focuses on the two normative documents: the Provisions of the Supreme People’s Court on Several Issues concerning the examination of entrusted authentication in civil litigation of the People’s Courts and the General Rules of Judicial Authentication Procedure.Through the interpretation of the relevant provisions in the current law,such as authentication matters,authentication materials,authentication institutions and appraisers,the review of appraisal opinions and the supervision of appraisal activities,it is found that the current legal provisions of judicial appraisal have guiding significance and enlightening role in the civil pre-lawsuit judicial appraisal work,so that its operation is more referential.On the basis of comprehensive analysis of the above issues,the fourth part puts forward suggestions such as improving the construction of relevant systems,fulfilling the court’s duty of prudential attention,establishing the code of conduct of appraisal institutions and appraisers,etc.,so as to enhance the operability of civil pre-litigation judicial appraisal. |
