关键词: 诉前鉴定；诉讼服务；证据收集；双重审查

Abstract: At present, there is still no uniformed legal standard for the appraisal procedure before civil action. It leads different views between the theoretical field and judicial practice field. Based on the practice of some courts regarding pre-litigation appraisal procedure of civil cases, the key to determine the legality and efficiency is the answer to the following issues, such as who will lead the pre-litigation appraisal procedure, the selection of appraisal institution, and the scope of appraisal. From the perspective of cognition, the legal position of pre-litigation appraisal falls with judicial appraisal or evidence collection and its advantages to diversify ways to resolve dispute and improve the quality and efficiency of court trial should be affirmed. From the perspective of practice, the double examination of law and technic should be used by the lead of a judge assistant and the participation of appraisers, It can resolve the current legal problem in practice of who will lead the pre-litigation appraisal procedure, and result in the separation of trial and appraisal. This can expand the application scope of pre-litigation appraisal in civil cases.

Key words: pre-litigation appraisal procedure of civil cases; litigation service; evidence collection; double examination