Research On The System Of Reappraisal In Civil Procedure

In recent years,the level of science and technology has been continuously innovated.In China’s civil procedure,more and more cases find out the facts through identification means.On the one hand,it has played a great role in clarifying the facts of the case,on the other hand,there have been a lot of identification disputes.By exploring and analyzing the re appraisal system in China’s judicial practice,the author found some shortcomings of the re appraisal system,for example,there are some problems in the start-up stage of the system,such as unclear start-up conditions and unlimited start-up times;In the implementation stage of re appraisal,there are some problems,such as the lack of feedback mechanism of initial appraisal opinions and the lack of supervision of re appraisal entrustment.The confusion and lack of legislation of these systems directly lead to the excessive power of judicial judges to decide whether to start the re appraisal system.Different judges also have inconsistent understanding of the relevant laws and regulations and judicial interpretation on which to start the re appraisal.It is difficult to grasp the standard of whether to start,which further leads to the decline of judicial authority and credibility.At the same time,because there is no limit on the number of re identification,it increases the litigation burden of the parties,affects the litigation efficiency and wastes judicial resources to a certain extent.In view of this,it is necessary to revise and improve the re appraisal system.Only in this way can the system really play its due role.So how to improve the re appraisal system as the error correction and relief mechanism of appraisal opinions,so as to realize judicial justice and safeguard the legitimate rights and interests of the parties,we need to conduct in-depth research.Through the legislative system and judicial practice as the starting point of the research,this paper makes an in-depth study on China’s re appraisal system,clarifies the judicial significance of the system and the negative impact of arbitrary re appraisal,starts with the start-up stage and implementation stage of re appraisal,summarizes and analyzes the existing four problems of China’s re appraisal system,and puts forward the author’s conception of improving the re appraisal system.The main contents can be divided into the following three parts:The first part: sort out the practical application of re appraisal system in China,including: the situation in legislation and judicial practice;Through the analysis of the current situation of re appraisal,clarify the characteristics of China’s re appraisal system;At the same time,the significance and consequences of different degrees of re identification are analyzed.The second part: starting from the start-up stage and implementation stage of re appraisal,the author summarizes the problems in different stages of re appraisal system,including four aspects: unclear start-up conditions,unlimited start-up times,lack of feedback mechanism of initial appraisal opinions,and lack of supervision of re appraisal entrustment.The third part: through the above analysis of the problems,put forward opinions and suggestions on the further improvement of China’s re appraisal system,including:clarifying the starting conditions,limiting the number of re appraisal,reasonably constructing the feedback mechanism of initial appraisal opinions,and strengthening the supervision of re appraisal commission.