On The Distribution Of Forensic Appraisal Expense In China’s Civil Procedure

Forensic appraisal is the activity that authentication institutions legally accept the entrustment, and appraisers provide expert opinion involving special issues in the proceedings, with science and technology or expert knowledge. Forensic appraisal is an important means of identifying the facts to be proved, as one of legal evidence, the expert opinion plays an increasingly important role in the litigation activities. However, the distribution of forensic appraisal expense in civil actions is still not attracted enough attention, and practiced differently as well. This article researches on the distribution of forensic appraisal expense through statistical analysis and empirical analysis method, aiming to explore the establishment of a reasonable forensic appraisal expense distribution system that making the fairness and justice of judge appears in the details highlight.Part one is an overview of forensic appraisal expense in civil procedure, mainly discussing the concept, characteristics and functions. Basing on the narrow concept of forensic appraisal, define forensic appraisal expense as the service fees charged by judicial authentication institutions that legally accept the entrustment,for providing expert opinion involving special issues on litigation, with science and technology and expert knowledge. Forensic appraisal expense mainly has four characteristics:Forensic appraisal expense is the litigation cost. It is the necessary consideration for appraiser to perform the obligation of appraisal. It is charged by the judicial authentication institution. And it is prepayment. Forensic appraisal expense mainly has two functions, one is to provide economic security for the judicial authentication institutions, promoting the development of the judicial appraisal as well, and the other one is to limit the random identification, optimizing the resources of judicial identification.Part two is an empirical analysis on the distribution of forensic appraisal expense in our country’s civil litigation. With the past five years forensic appraisal data of the grassroots court which writer working in as a sample, to analyze the distribution of forensic appraisals in civil procedure. In practice, there are mainly following principles:Who advocates who burdens principle, shall be borne by the losing party principle, the burden of responsibility proportion principle, and according to the appraisal results burden principle. Then discuss the current problems of the civil judicial appraisal distribution system, that did not clarify the relationship between the forensic appraisal expense and litigation costs, confuse the advance and the burden. A fair and reasonable allocation on the appraisal expense is an important aspect to achieve procedural justice and substantive justice, and is the one of the important details to embody justice as well, so it is necessary to establish a reasonable forensic appraisal expense distribution system.The third part is the suggestions to perfect the forensic appraisal expense distribution system of civil litigation in China:one is to establish the principle that who advocates who prepays appraisal expense. The two is to set up the system to pay the security. The three is to identify the forensic appraisal expense as a special direct loss, and discuss the view further. The four is to establish the general distribution principle according to the fault liability, in addition, take the typical road traffic accident dispute as the example to explain in detail. The five is to unify forensic appraisal expense burden problem including the text of the judgment for which the litigants enjoy the right of appeal.