Research On The System Of Appraisal Expenses In Civil Litigation

As one of the types of legal evidence in China’s Civil Procedure Law,expert opinions are bound to play an increasingly important role in current and future civil litigation activities.The expenses incurred by issuing expert opinions and the related expenses incurred by the expert appearing in court are the expenses incurred by the people’s courts at all levels in carrying out the evidence investigation procedure of identification,which belongs to other litigation expenses among civil litigation expenses,and the identification expenses are also the necessary consideration generated by the expert’s artificial identification behavior.From the point of view of the purpose of this evidence investigation procedure,it is to help the judge to investigate the evidence.At this time,the appraiser acts as the judge’s assistant.From the point of view of the main body of the initiation of the appraisal procedure,whether one party applies for initiation or both parties agree to apply for initiation,it must be approved by the people’s court.The appraiser’s artificial appraisal activity is based on the entrustment of the court.Therefore,the appraiser,the parties and the court against whom the lawsuit is filed have rights and obligations in public law,while there is no legal relationship between the parties and the appraiser.The fundamental reason for the irrationality of the current appraisal fee system in our country lies in the failure to correctly determine the nature of the appraisal fee,which leads to the confusion of the main burden and the payment path.The appraiser shall request the court of appeal instead of the party concerned to pay the appraisal fee.The appraisal fee shall be borne by the parties as part of the litigation fee.Moreover,in judicial practice,the standards of civil litigation appraisal fees vary from region to region,and the subjects of related expenses incurred by the appraisers in court are different,so the supervision on the collection of civil litigation appraisal fees is relatively small.Therefore,in order to better serve the litigation process,the appraisal fee system must be improved.On the whole,we should re-recognize its nature,adopt a more reasonable charging method,stipulate the main burden and payment path under various circumstances,and strengthen the supervision of its charging.