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深圳市司法鉴定条例 Regulations of Shenzhen Municipality on Judicial Appraisal

2006-05-13 16:02   我要纠错 | 打印 | 收藏 | | |

(Adopted at the Fifth meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on February 23, 2001. Ratified at the Twenty-sixth meeting of the Standing Committee of the Ninth Guangdong Provincial People's Congress on May 31, 2001.)
颁布日期:20010722  实施日期:20011001  颁布单位:深圳市人大常委会

  Chapter Ⅰ General Provisions

  Article 1 In order to normalize the activities of judicial appraisal, protect the parties’ lawful rights and interests, guarantee the impartiality of judicial activities, these regulations are formulated in accordance with the provisions of relevant laws and administrative regulations as well as the actual circumstances of Shenzhen Municipality.

  Article 2 “Judicial appraisal” in these regulations refers to the activity that the judicial appraiser makes a technical appraisal and judge to relevant evidences involving the case. (activities of technical appraisal and judge that the judicial appraiser makes to relevant evidences involving the case)

  Article 3 The judicial appraisal shall follow the principles of scientificalness, objectiveness, impartiality, timeliness and legitimacy.

  Article 4 The judicial appraisal shall exercise the system of withdrawal, secrecy and investigation for the mistaken appraisal。

  Article 5 The people’s court, the people’s procuratorate and the department for public security (hereinafter referred to the department for public security and justice) are responsible for administering the appraising work of the judicial appraising organs that are set up within the departments.

  The municipal administrative department for justice shall be responsible for guiding and administering the judicial appraising work serving the society.

  Article 6 The judicial appraiser shall carry out the judicial appraisal independently according to law and shall not be intervened by any organs or individuals.

  Article 7 The municipal working committee for judicial appraisal shall be set up which consists of the persons in charge of the municipal people’s government and its relevant departments, the municipal intermediate people’s court, the municipal people’s procuratorate as well as other relevant departments.

  The municipal working committee for judicial appraisal shall be responsible for guiding, supervising and harmonizing the judicial appraising work.

  The municipal administrative department for justice shall be responsible for the daily work of the municipal working committee for judicial appraisal.

  Article 8 The municipal expert committee of judicial appraisal (hereinafter referred to as the expert committee) shall be set up. It shall employ some experts to be the appraisers who are responsible for reviewing the appraisal of this municipality.

  The member of the expert committee shall be the part-time expert( part-time experts).

  Article 9 The municipal people’s government and judicial department shall attach importance to and obey the reform of the judicial appraisal system and gradually realize the unificationary and normative administration of the judicial appraising work.

  Chapter Ⅱ The Judicial Appraising Organs and Appraisers

  Article 10 “The judicial appraising organs” referred to in these regulations include the appraising organs set up within the department for public security and justice (hereinafter referred to as the appraising organs of the department for public security and justice), the expert committee and other appraising organs set up according to law (hereinafter referred to as the social appraising organs).

  “The judicial appraisers” referred to in these regulations include the appraisers in the appraising organs of the department for public security and justice, the expert appraiser in the expert committee and the appraisers in the social appraising organs.

  Article 11 The appraising organs of the department for public security and justice shall carry out (assume)the judicial appraisal within their respective powers and duties according to law.

  Article 12 Only having gone through the registration formalities according to laws, regulations and relevant provisions of the State, may the social appraising organs undertake the activities of judicial appraisal.

  The social appraising organs shall undertake the business of judicial appraisal within the range of registration.

  Article 13 The municipal judicial appraising center shall be set up according to (in the light of ) necessity, which uniformly undertakes the judicial appraising business of the appraising organs of the department for public security and justice, and may provide the judicial appraising service for the society.

  Article 14 The judicial appraiser in the appraising organ of the department for public security and justice shall have the corresponding quality for the technology and appraiser. The department for public security and justice may employ other person with professional knowledge to be the appraiser.

  Only after according with the conditions determined by the competent department of the industry and the judicial appraising organ and acquiring the quality according to the laws, regulations and relevant provisions of the State, the judicial appraiser in the social appraising organ may undertake the business of judicial appraisal.

  Article 15 The judicial appraiser shall enjoy the following rights:

  (1) to require the consigner to provide the needed materials for appraisal without consideration;

  (2) to know the needed materials of the case for appraisal, and to inquire the party and the witness if it is necessary;

  (3) to refuse to accept the appraising entrustment which is illegal, does/t (doesn`t)accord with the appraising conditions or exceeds the appraising ability of himself;

  (4) the reserve the opinions different from other appraisers;改为To reserve the opinions different from other appraisers;

  (5) other rights enjoyed according to law.

  Article 16 The judicial appraiser shall perform the following obligations:

  (1) to follow the principle of taking facts as the basis and to observe the professional ethics and operating norms;

  (2) to appear in court;

  (3) to take good care of the appraising materials;

  (4) to withdraw according to law;

  (5) to keep the state secrets, business secrets and personal privacy;

  (6) other obligations that shall(should)be performed according to law.

  Article 17 The judicial appraiser shall (should)withdraw if there is one of the following conditions:

  (1) being the party of this case or near relative of the party;

  (2) having interests with this case;

  (3) having been the investigation officer, prosecuting officer, judge, witness, defender or law agent;

  (4) having other relations with this case which may affect the just (justness) of the appraisal.

  Chapter Ⅲ The Initial Appraisal

  Article 18 “Initial appraisal” in these regulations refers to the judicial appraisal made before it is submitted to the expert committee.

  Article 19 Whether to carry out the initial appraisal during the lawsuit shall be decided by the department for public security and justice. The party may apply to the department for public security and justice for initial appraisal. With the consent of the department for public security and justice, the party may entrust the social appraising organ to carry out the initial appraisal.

  Article 20 The application for the appraisal shall accord with the following conditions:

  (1) the applicant according with the legal conditions;

  (2) the materials sent for appraisal according with the appraising conditions and requirements;

  (3) the program that the applicant applies for appraisal being within the range of the case and the powers and duties of the accepting organ;

  (4) the program that the applicant applies for appraisal being not prohibited or restricted by laws, regulations and relevant provisions of the state;

  (5) Other conditions provided in laws and regulations.

  Article 21 The appraising organ may decide to terminate the appraisal if there is one of the following conditions:

  (1) the party who submits the appraising documents requiring to terminate the appraisal;

  (2) the party who submits the appraising documents failing to provide the relevant necessary materials needed for the appraisal;

  (3) meeting the technical problems unable to solve by the organ during the appraisal.

  If the appraising organ decides to terminate the appraisal, it shall give written reasons to the applicant.

  “The party submitting the appraising materials” in these regulations refers to the organization or individual that holds and provides the appraising materials to the appraising organ.

  Article 22 The original appraising organ shall reorganize the appraisal if there is one of the following conditions:

  (1) the appraiser failing to accord with the legal qualification;

  (2) the submitted materials being inconsistent with the facts;

  (3) the appraiser making the false appraisal intentionally;

  (4) the appraiser failing to withdraw though he shall (should)withdraw;

  (5) other conditions that may affect the objectivity and truth of the appraising conclusions.

  Chapter Ⅳ The Reviewing Appraisal

  Article 23 “The reviewing appraisal” in these regulation refers to the appraisal made by the expert committee.

  Article 24 The reviewing appraisal may be made if there is one of the following conditions:

  (1) the department for public security and justice being not satisfied with the conclusion of initial appraisal;

  (2) the party being not satisfied with the conclusion of initial appraisal made by the appraising organ of the department for public security and justice and applying for the reviewing appraisal;

  (3) one party being not satisfied with the conclusion of initial appraisal provided by the other party and applying for the reviewing appraisal.

  Article 25 The reviewing appraisal shall be made with the entrustment of the department for public security and justice.

  If the applicant is not satisfied with the initial appraisal, he may apply to the organ dealing with the case in writing for the reviewing appraisal.

  If the organ dealing with the case decides not to accept the application for the reviewing appraisal after an examination, it shall give written reply to the applicant and explain the reasons.

  If laws, regulations or relevant provisions of the State have special provisions to (on) the choice of the appraising organ, these provisions shall be observed (prevail ).

  Article 26 The expert appraiser in the expert committee shall be the professional who accords with legal practicing conditions, has the recognized higher profession level and public credit in his professional field, and be employed (appointed) by the municipal work committee for judicial appraisal field, and be employed (appointed) by the municipal work committee for judicial appraisal with his own application and the recommendation of the competent department for industry.(对本段修改如下)

  The expert appraisers in the expert committee shall meet with the legal vocation standards, and their professionalism and credibility shall have won public recognition. Based on the application of the expert appraiser himself and the recommendation of competent department for industry, the expert appraiser may be appointed by the municipal working committee for judicial appraisal.

  The municipal working committee for judicial appraisal shall proclaim (publicize)the name list of the employed (appointed) expert appraisers periodically.

  Article 27 After accepting the entrustment for appraisal, the expert committee shall assign more than three expert appraisers to review the appraisal, and tell the name list of the expert appraisers to the applicant in time ( and inform the applicant of the names of the expert appraisers in time).

  If the expert appraiser has different opinions to the appraising conclusions, these opinions shall be recorded on file.

  Article 28 If relevant departments are not satisfied with the reviewing appraisal, they may refer (the appraisal) (添加) to the appraising organ of their superior department for appraisal (删除) or entrust the appraising organ outside this city to make the appraisal, but shall not organize the appraising organ in this city to make the appraisal additionally.

  Chapter Ⅴ The Appraising Materials, Report an(and) Fees

  Article 29 If the appraisal needs to wear off the checked materials (If it is unavoidable for the appraisal to wear off the checked materials), the appraiser shall obtain the consent of the party submitting the appraising materials. If the appraisal needs to wear out the checked materials or damage the original (If it is unavoidable for the appraisal to wear off the checked materials or damage the original), the appraisal shall obtain the written consent of the party submitting the appraising materials.

  Article 30 The appraising organ shall set up the registration and transference system of the appraising materials, and set up the file for judicial appraisal to take good care of the appraising materials and data.

  Article 31 The appraising report shall expressly record the date when the appraisal is accepted, the consigner, name of the case, conditions of the appraising materials, appraising requirements, appraising conclusions or opinions, the appraiser and other contents that shall be concluded (included).

  Article 32 The judicial appraiser shall sign and affix the (删除) seal behind(after)the main body of the appraising report, and affix the special seal for judicial appraisal of the appraising organ at the same time.

  The appraising report shall be invalid if there is one of the following conditions:

  (1) the appraising organ or the appraiser failing to accord with legal conditions or qualities;

  (2) the appraising procedures being illegal;

  (3) the appraiser failing to withdraw though he shall withdraw (should have withdrawn);

  (4) the appraiser failing to sign or the appraising organ failing to affix the special seal for appraisal.

  Article 33 The standard of the collected appraising fees shall be determined and publicized by the administrative department for price according to law.

  The appraisal in the criminal part of the lawsuit of public prosecution and the appraisal decided by the department for justice itself and conducted by its appraising organ shall not be collected the fees.

  Chapter Ⅵ Legal Responsibilities

  Article 34 If the social appraising organ violate the provisions of Article 12 of these regulations to undertake the illegal appraisal (If any social appraising organ violates Article 12 of the Regulations hereby and undertakes illegal appraisal), the municipal administrative department for justice shall confiscate the illegal gains and impose a fine of more than 30,000 yuan but less than 50,000 yuan.

  If the (any)social appraising organ violates other provisions of these regulations (the Regulations hereby) in the activities of judicial appraisal, the municipal administrative department for justice shall serve a warning to it and order it to stop business for rectification; In case of serious offenses, the registration department may revoke the license of the social appraising organ according to law.

  Article 35 If the party violates the provisions of the first paragraph of Article 14 of these regulations, failing to acquire the legal qualification to undertake the appraising work, the unit that the party belongs to shall give administrative punishment to the party and relevant persons liable (to the concerned liable person). If the party violates the provisions of the second paragraph of Article 14 of these regulations, failing to acquire the legal qualification to undertake the appraising work, the municipal administrative department for justice shall confiscate the illegal gains and impose a fine of more than 5,000 yuan but less than 10,000 yuan to the appraising organ that the party belongs to.

  Article 36 If violating these regulations in the judicial appraisal, the judicial appraiser shall be punished according to the conditions:

  (1) If the appraiser is a state functionary, the unit that he belongs to may give administrative punishment to him;

  (2) If the appraiser is an employee of the social appraising organ, the competent department of the industry or the municipal administrative department for justice may serve a warning and order him to stop business for more than 3 months but less than 12 months; In case of serious offense, the department endowing the qualification may cancel his qualification of the appraiser or judicial appraiser;

  (3) If the appraiser is a member of the expert committee, he may be dismissed by the municipal work committee for judicial appraisal.

  Article 37 If the appraiser in the appraising organ of the department for public security and justice made the mistaken appraising conclusion intentionally or through gross negligence and caused the state compensation, relevant departments shall claim compensation from the persons liable for the mistaken appraisal according to law.

  If other judicial appraisers made the mistaken appraising conclusions through negligence and caused losses to the parties, they shall give (make) compensation according to law.

  Article 38 If the working staff in the administrative department for justice or relevant departments neglect their duties or act illegally for personal gains in the administration of judicial appraisal, the unit that they belong to or the superior competent department shall give administrative punishments to them.

  Article 39 If the appraisers or other people violate the provisions of the laws in the activities of judicial appraisal, and the circumstances are serious enough to constitute crimes, the judicial department shall prosecute their criminal responsibilities.

  Chapter Ⅶ Supplementary Provisions

  Article 40 The appraising activities in the arbitration and administrative enforcement of laws shall consult these regulations (be implemented in accordance with the Regulations hereby).

  Article 41 The municipal government may enact the implementing rules according to these regulations.

  Article 42 These regulations shall go into effect as of October 1,2001.

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