On Exertion Of Appointment Power On Appraisal By Court In Civil Procedure

According to Decision of National People's Congress standing committeeon the judicial appraisal management (hereinafter referred to as the decision),any appraisal institution should not be established by the People's Court. Thedecision states that the judicial administration department of the State Council incharge of national appraisers and appraisal organizations registration andmanagement. The decision breaks the monopoly of the Public Security Organ,the People's Procuratorate and the People's Court, carrying on a key role to thereform of the appraisal system in China. The decision, however, does not showus that how the court should cooperate with appraisal organization reasonablyand completely, not emphasizing that the judicial administration department hasthe unique right to compile list of national appraisers and appraisal organization.Influenced by traditional appraisal system, the People's Court still plays aleading role in starting up a judicial appraisal now. In this case, in order tofurther straighten out the appraisal startup procedure in China, I advise to dividethe judicial appraisal into court appraisal and parties appraisal, then, subdividethe startup power on appraisal of the court into two parts: application right onappraisal by parties, decision power on appraisal and appointment power on appraisal by the court. Meanwhile, we could make unified legislation about thecourt appraisal startup procedure, at the guidance the decision, clearly abolishingProvisional Regulations of the People's Court on Judicial Appraisal andManagement Regulation of the People's Court on Judicial Appraisal ExternalAppointment. We could compile a unique list of national appraisers andappraisal organization by the judicial administration department, strictlybounding the decision power on appraisal and the appointment power onappraisal of the court.