Abstract: In an entrusted appraisal by a people's court,in addition to confirmation of scope and methods of appraisal,materials handover,withdrawal of appraisers,supervision of appraisal cost and cross-examination of appraisal conclusions,the confirmation of qualifications of appraisers and judicial appraisal institutions are also key issues.Under current situations,much trouble is caused because of delayed or careless examination and confirmation of qualifications for appraisal.In view of its representativeness and special nature,this article,based on relevant regulations and combining with work practice,takes appraisal in IP cases as an example and discusses the basis and procedures for confirmation of qualifications of appraisers and judicial appraisal institutions.It is expected that this article can be helpful to the entrusted appraisal, trial practice and redesign of the concerned system.

Key words: IP cases, judicial appraisal institutions, basis of confirmation, appraiser, qualification, procedure

摘要： 人民法院对外委托鉴定中对鉴定机构和鉴定人的资质的审查确认十分重要,往往因鉴定资质审查的不及时或不仔细,而引起不小的麻烦。考虑知识产权类鉴定的代表性和特殊性,本文以知识产权鉴定委托为例,逐一阐述鉴定机构和鉴定人的资质确认中的依据及程序,以期对鉴定委托、审判实践和制度再设计等有所助益。

关键词: 鉴定机构, 鉴定人, 资质, 确认依据, 程序