Research On Self-entrusted Appraisal Rule In Civil Litigation

Appraisal opinions,as legal evidence,are generally formed by parties applying for them in accordance with the law,and are examined by the court to initiate the strict judicial appraisal procedures.However,in order to mediate in advance,determine the amount of loss or collect evidence to prove their claims,the parties go to the appraisal agencies entrusted appraisal,as evidence to the court has become a normal situation in judicial practice.At present,self-entrusted appraisal rule to judicial interpretation and local regulations as the main applicable basis,its legislative level is low.In practice,the courts mainly judge the validity of self-entrusted appraisals of the basis of a party’s written objection and application for appraisal.The court usually adopts the degree of self-entrusted appraisal as the principle of determining the cost of self-entrusted appraisal appraisals.The absence of legislation on the types of evidence for selfentrusted appraisals,the rules of review and the unclear nature of the costs of self-entrusted appraisals has led to difficulties in judicial practice,such as the unclear identification of the types of evidence for self-entrusted appraisals,the vague criteria for evaluating the validity of evidence and the misunderstanding of the criteria for determining the costs of appraisals.In order to unify the scale of judicial discretion,Self-entrusted appraisal should belong to a type of expert assistant’s opinion,and thus as the type of evidence of the parties’ statements.Self-entrusted appraisals should be subject to supplementary rules of evidence,improving the general rules of review and supplementing the special rules of review.Reasonable evaluation of the evidential and probative value of selfentrusted appraisals,where the truth or falsity of the facts of the case is unknown as a criterion for re-appraisal.After revalidation,self-entrusted appraisals with consistent conclusions can still be used as the basis for determining the facts.At the same time,the principle of honesty and credit is implemented,and the cost of self-entrusted appraisals should be treated as a direct loss to the parties.The court should take the reappraisal as the dividing line and trust the self-entrusted appraisal as the standard.After reappraisal,if the self-entrusted appraisal and the conclusion of the judicial appraisal are the same,the court shall support the self-entrusted appraisal fee.If it do not reappraise,should be directly to the adoption of the standard.