关键词: 民事证据规定, 重新鉴定, 代替模式, 前端主动参与

Abstract:  Five years after the promulgation and implementation of the Provisions by the Supreme People’s Court on Evidence in Civil Procedures, the civil reappraisal procedure underwent significant changes. Following the amendment of the law, the reappraisal opinion was granted the procedural effect of mandatory exclusion of the original appraisal opinion, shifting from “weighing mode” to “substitution mode”. The “reappraisal provisions” have been integrated into the core provisions of relief procedures, including correction, supplementary questioning, re-questioning, and supplemental appraisal, presenting a new pattern while also facing issues of unclear connotations and extensions. Over the past five years of judicial practice, it has exposed a series of new problems and persistent issues, such as generalized application of appraisal relief procedures and obstacles to reappraisal. To address the aftermath of these transitions, we should begin by examining the operation of the reappraisal process, under the “substitution mode”  such as the nested procedural provisions, the unclear level of review, system cost considerations, and other underlying reasons. Finally, we should propose diverse solutions to the practical dilemmas of the “substitution mode”, aiming to shift the focus from “back-end passive alternative” to “front-end active participation” to compensate for the shortcomings of the “substitution mode” at the front end.

Key words: civil litigation, reappraisal, substitution mode, front-end participation