On The Compensation System Of Appraiser’s Court Expenses

The civil procedure law of the People’s Republic of China（hereinafter referred to as the Civil Procedure Law）and the interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the People’s Republic of China（hereinafter referred to as the interpretation of the Civil Procedure Law）do not provide for the compensation system for the costs of the expert appearing in court.Among the universally applicable laws and regulations in the whole country,only the measures for the payment of litigation costs issued by the State Council,the provisions of the Supreme People’s Court on civil litigation evidence（hereinafter referred to as the provisions on evidence）issued by the Supreme People’s court and the measures for the administration of judicial appraisal fees jointly issued by the national development and Reform Commission and the Ministry of justice regulate them There are also many irrationalities in the provisions of normative legal documents on the compensation system for the expenses of the expert appearing in court.First of all,the State Council has not formed a correct understanding of the nature of the appraiser’s court costs,which leads to the wrong provisions in the "measures for the payment of litigation costs" in the compensation method and payment path of the appraiser’s court costs,and then leads to the situation that the parties directly pay the court costs to the appraiser in judicial practice.Secondly,the current "method of payment of litigation costs" on the scope and standard of compensation for the appraiser’s appearing in court is vague,which does not have operability,resulting in the judge’s too much discretion,and in judicial practice,different courts,different judges of the same court have different opinions on the scope and standard of compensation.Thirdly,the cost of expert’s appearing in court and the cost of witness’ s appearing in court are of the same nature,and the legislators still treat them differently,which seriously violates the principle of "the same thing and the same treatment".Finally,although the evidence regulation,which come into effect on May 1,2020,partially amends the appraiser’s court expense compensation system in terms of expense nature,payment path and compensation standard,the author believes that there are still many things to be improved.At the level of local legislation,some provinces and cities have successively issued normative legaldocuments such as "administrative measures for judicial appraisal fees" and "administrative regulations for judicial appraisal",but in terms of specific contents,there are also great differences in the provisions of different provinces and cities on the way of compensation,the way of payment,the scope of compensation and the standard of compensation for the expenses of expert appearing in court,and in judicial practice,local judicature The authorities also failed to comply with the relevant provisions of local laws and regulations.Different judges of different courts and the same court have different ways to determine the scope and standard of court expenses compensation for appraisers,which seriously damages the equal realization of the right to claim court expenses compensation for appraisers,affects the enthusiasm of appraisers to restore the truth of the case in court,and hinders the timely investigation of the facts of the case.The high cost of expert appearing in court will increase the litigant’s burden and deprive the litigant’s right of action in disguise.The author will fully analyze the nature of the appraiser’s court expenses,draw lessons from the outstanding legislative achievements of major countries and regions outside China on the basis of China’s current judicial practice,and put forward the concept of the appraiser’s court expenses compensation system in terms of compensation mode,payment path,compensation scope and compensation standard,and attach the corresponding supporting system to be improved.The author thinks that the legislators should unify the system of compensation for the expenses of experts and witnesses in court,scientifically stipulate the ways and ways of compensation for the expenses of experts in court,and specify the scope and standards of compensation for the expenses of experts in court,so as to realize the right of compensation for the expenses of experts in court equally,and then reduce the litigation burden of the parties.