Can the plaintiff not go to the appraisal agency?

Legal analysis

The court asked to draw lots to select the appraisal institution, and the plaintiff could not go. If the plaintiff doesn't go, it means that the two parties can't negotiate to determine the appraisal institution, so it will be appointed by the court. Because of the professionalism of the case, it needs to be appraised before a conclusion can be made. Upon the application of the parties, the appraisal institution is determined by drawing lots, and both parties may not be present. Judicial expertise procedure is the activity of judicial expertise institutions to identify the professional and scientific issues of cases in litigation activities. In real life, it is also common for the parties to apply for identification, which can be put forward before the expiration of the time limit for proof. The people's court shall not allow the matters applied for appraisal to have nothing to do with the facts to be proved, or the facts to be proved have no probative significance. If the people's court allows the parties to apply for expert appraisal, it shall organize the parties to determine the appraisers with corresponding qualifications through consultation. If the parties fail to negotiate, it shall be designated by the people's court. The appraisal of the entrusted matters shall be completed within 30 working days from the date of signing the agreement with the client. However, in the actual appraisal practice, it often takes longer than this stipulated time, and some of them take 45 days or two months. Therefore, the actual notice time after the end of the review meeting shall prevail. Identification matters involving complex, difficult, special technical problems or the identification process takes a long time, with the approval of the person in charge of the institution, the time limit for completing the identification can be extended, and the extension time limit shall generally not exceed 30 working days. If the appraisal period is extended, the client shall be informed in time.

legal ground

Decision of NPC Standing Committee on Amending the Civil Procedure Law of People's Republic of China (PRC). Article 144 is renumbered as Article 159 and amended as: "When trying a simple civil case, the basic people's court and the court dispatched by it may summon the parties and witnesses, serve litigation documents and try the case in a summary way, but the rights of the parties to express their opinions shall be guaranteed." Article 37 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes: If the arbitration tribunal thinks that the specialized issues need to be appraised, it may submit them to an appraisal institution agreed by the parties for appraisal; If the parties fail to reach an agreement or an agreement cannot be reached, it shall be appraised by an appraisal institution designated by the arbitration tribunal. According to the request of the parties or the request of the arbitration tribunal, the appraisal institution shall send appraisers to attend the hearing. With the permission of the arbitration tribunal, the parties may ask questions to the appraisers.