The Supreme People's Court printed and distributed the Work Regulations on Entrusted Appraisal in Pre litigation Mediation (for Trial Implementation)

2023-07-27

The Supreme People's Court printed and distributed the Working Procedures for Entrusted Appraisal in Pre litigation Mediation (for Trial Implementation) (hereinafter referred to as the "Procedures"), a total of 20 articles, which stipulated the further implementation of the People's Court's Online Mediation Rules and the standardization of entrusted appraisal in pre litigation mediation. The Regulations shall come into effect from August 1, 2023. The Regulations propose that, in the process of pre litigation mediation, the people's court may, according to the application of the parties, dispute over the responsibility of motor vehicle traffic accidents, medical damage liability, property damage compensation, construction project contract, labor contract, product liability, purchase and sale contract, right to life, right to body, right to health and other disputes suitable for pre litigation identification, Relying on the People's Court entrusted appraisal system to provide pre litigation entrusted appraisal services. The Regulations emphasize that pre litigation appraisal should follow the principle of voluntary participation of the parties involved. The parties may jointly apply for pre litigation appraisal. If one party applies for pre litigation appraisal, it shall obtain the consent of the other parties. The Regulations stipulate that the mediation organization appointed by the people's court shall be responsible for guiding the interpretation of the parties' application for pre litigation appraisal, reviewing and confirming the appraisal materials, entrusting the appraisal system to push the pre litigation appraisal application to the people's court, and submitting the appraisal certificate to the parties. However, whether to initiate the pre litigation appraisal procedure requires the consent of the people's court. The people's court has the obligation to assign judges or judicial assistants to guide the pre litigation appraisal work of the appointed mediation organization. The Procedure clarifies the specific process of entrusted appraisal in pre litigation mediation, and stipulates the applicable conditions of pre litigation appraisal, application review, entrusted handling, selection of appraisal institutions, advance payment of appraisal fees, uploading and delivery of appraisal documents, raising and handling of appraisal objections, connection between pre litigation appraisal and pre litigation mediation and litigation procedures, and regulations on repeated appraisal. (Reporter Sun Hang) (Xinhua News Agency)

Edit:Luo yu    Responsible editor:Wang er dong

Source:People's Court Daily

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