Regulations of Fujian Province on the Administration of Judicial Appraisal (2022)

Chapter I General Provisions Article 1 In order to strengthen the management of judicial authentication institutions and judicial authenticators, standardize judicial authentication activities and ensure judicial justice, these Regulations are formulated in accordance with the Decision of the NPC Standing Committee on the Administration of Judicial Authentication and relevant laws and administrative regulations, and combined with the actual situation of this province. Article 2 These Regulations shall apply to the supervision and administration of judicial authentication institutions, judicial authenticators and judicial authentication activities within the administrative area of this province. Article 3 The term "judicial expertise" as mentioned in these Regulations refers to the activities that appraisers use science and technology or specialized knowledge to appraise and judge the specialized issues involved in litigation and provide expert opinions, including forensic medicine, material evidence, audio-visual materials, environmental damage appraisal and other appraisal matters that should be registered and managed according to law as determined by the judicial administrative department of the State Council, the Supreme People's Court and the Supreme People's Procuratorate.

The term "judicial authentication institutions and judicial appraisers" as mentioned in these Regulations refers to the institutions and personnel that meet the conditions prescribed by the state and are registered by the judicial administrative department of the provincial people's government and engage in the judicial authentication business as prescribed in the preceding paragraph. The judicial administrative department of the fourth provincial people's government is responsible for the registration, roster compilation and announcement of judicial authentication institutions and judicial appraisers in the province, and supervises and manages their practice activities.

The judicial administrative department of the municipal people's government with districts shall be responsible for the supervision and administration of judicial expertise within their respective administrative areas. Article 5 Judicial expertise shall follow the principles of objectivity, impartiality and science, and be conducted independently according to law, and the appraisers shall be responsible for it.

Judicial authentication institutions and judicial authenticators shall abide by laws and regulations, professional ethics, practice discipline and technical operation norms.

Judicial authentication institutions and judicial appraisers independently carry out judicial authentication activities according to law and are protected by law. No organization or individual may illegally interfere. Article 6 Under the supervision and guidance of the judicial administrative department, the judicial authentication trade association shall carry out activities in accordance with its articles of association, strengthen the self-discipline management of its members' professional ethics, code of conduct and professional skills, deal with acts of judicial authentication institutions and judicial authenticators that violate professional ethics, assist in resolving disputes over the application of judicial authentication procedures and technical norms, and protect the legitimate rights and interests of its members according to law. Chapter II Judicial Appraisal Institutions and Judicial Appraisers Article 7 The judicial administrative department of the provincial people's government shall, in accordance with the requirements of overall planning, rational layout, optimized structure and orderly development, formulate a development plan for the judicial appraisal industry and organize its implementation.

Encourage and support institutions of higher learning, scientific research institutes and medical institutions to build high-quality and high-level judicial authentication institutions. Article 8 Judicial authentication institutions and judicial authenticators shall implement the examination and registration system. Without the registration of the provincial judicial administrative department, no organization or individual may engage in the business of judicial authentication, except as otherwise provided by law.

Citizens, legal persons or unincorporated organizations applying for judicial expertise shall apply to the judicial administrative department of the municipal people's government with districts where they are located, and submit relevant materials. The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review opinions and all application materials to the judicial administrative department of the provincial people's government.

The judicial administrative department of the people's government at the provincial level shall, within 20 days from the date of receiving the submitted materials, organize experts to review the equipment, technical ability, practice place and testing laboratory of the institutional applicant, test the applicant's practice ability, and make a decision on whether to approve the registration. In line with the conditions, the applicant shall be issued with a judicial authentication license or a judicial appraiser's practice certificate within 10 days from the date of making the decision. If it does not meet the requirements, it shall notify the applicant in writing and explain the reasons.

Where a judicial authentication institution or judicial appraiser changes the relevant registered items, it shall apply for registration. Article 9 Appraisal institutions and their appraisers established by procuratorial organs, public security organs and state security organs according to the needs of investigation shall engage in appraisal business in accordance with the relevant provisions of the state, and implement a filing and registration system, which shall be directly managed by procuratorial organs, public security organs and state security organs, and shall not be entrusted to engage in judicial appraisal business for the society.

The judicial administrative department of the provincial people's government shall, within 30 days from the date of receiving the relevant filing and registration materials from the procuratorial organs, public security organs and state security organs, make a separate roster and make an announcement. Where the situation of the judicial authentication institutions and judicial appraisers registered for the record changes, the competent department shall inform the judicial administrative department of the provincial people's government in writing within thirty days. Tenth judicial authentication license and judicial appraiser's practice certificate shall be valid for five years from the date of issuance; If it is necessary to extend the validity period, the judicial authentication institution or judicial appraiser shall apply for extension to the judicial administrative department of the Municipal People's Government with districts 30 days before the expiration of the validity period, and the judicial administrative department shall close the case within 30 days.

The License for Judicial Appraisal and the Practice Certificate for Judicial Appraisers shall not be altered, lent, leased or transferred. Eleventh judicial authentication institutions and judicial appraisers shall engage in judicial authentication business in accordance with the business scope and practice category registered by the judicial administrative department.

A judicial appraiser may not practice in more than two judicial authentication institutions at the same time. Twelfth judicial authentication institutions shall perform the following duties:

(1) Accepting the entrustment of judicial expertise according to law, appointing judicial appraisers and organizing the implementation of judicial expertise, and completing judicial expertise within the prescribed or agreed time limit;

(two) to formulate and implement the management system of practice, fees, publicity, identification materials, business files, finance, complaint handling and so on;

(3) Supervising the practice activities of judicial appraisers;

(4) Providing necessary conditions and material guarantee for the practice of judicial appraisers;

(5) Organizing judicial appraisers to participate in education and training;

(six) to provide legal aid for judicial expertise in accordance with the provisions;

(seven) accept the supervision and inspection of the judicial administrative department, and provide relevant materials as required;

(eight) to assist and cooperate with the judicial administrative department and relevant departments in investigating and handling reports and complaints involving their own institutions;

(nine) other duties as prescribed by laws and regulations.