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How to define the specialized issue of thecourt's ability to initiate appraisal ex officio? -- Answers to Several Difficult Issues Concerning Foreign-related Commercial Trials (Part Two) (10)

by the Intermediate Court of Ningbo

September 13, 2023

Answer: Article 76 (2) of the Civil Procedure Law of the Republic of China stipulates: "If a party has not applied for appraisal and the court deems it necessary to conduct appraisal on a specialized issue, it shall entrust a qualified appraiser to conduct appraisal." However, the court should carefully apply the provisions of initiating appraisal procedures according to its authority, that is, judicial appraisal should still be initiated based on the application of one party in principle. At present, the scope of initiating appraisal based on authority can refer to Article 15 of the "Several Provisions of the Supreme Court on Evidence in Civil Litigation" regarding the court's investigation and collection of evidence based on authority, which is limited to "facts that may harm national interests, social public interests, or the legitimate rights and interests of others, as well as procedural matters unrelated to substantive disputes such as adding parties, suspending litigation, terminating litigation, and avoiding litigation based on authority". In addition, the relevant facts shall bear the burden of proof by the parties involved. If the party fails to apply for appraisal and the facts are difficult to ascertain, they shall bear the adverse consequences.