Shanghai Judicial Appraisal Management Regulations

Chapter I General Provisions Article 1 In order to strengthen the management of forensic appraisal, standardize forensic activities, improve the quality and credibility of forensic appraisal, to protect judicial justice, according to the "Standing Committee of the National People's Congress on the management of forensic appraisal decision" and relevant laws and administrative regulations, combined with the actual city, the formulation of these regulations. Article 2 The judicial appraisal referred to in these regulations, refers to the litigation activities in the use of scientific and technological appraisal or expertise on the litigation involves specialized issues of identification and judgment and provide appraisal of the activities. Article 3 The administrative region of the city appraisal organizations, appraisers engaged in forensic activities and their supervision and management, the application of these regulations. Article IV of the city in accordance with laws and administrative regulations, different types and categories of appraisal institutions, appraisers to implement classification management.

To engage in forensic medicine, physical evidence, audio-visual data, environmental damage, as well as by the judicial administrative department of the state council, the supreme people's court, the supreme people's procuratorate of the judicial appraisal business appraisal organizations, appraisers (hereinafter referred to as judicial appraisal institutions, judicial appraisal) the implementation of the registration management.

Other than the provisions of the preceding paragraph engaged in other forensic business appraisal organizations, appraisers (hereinafter referred to as other appraisal institutions, other appraisers), in accordance with relevant laws and administrative regulations for management. Article 5 of the judicial appraisal of the implementation of the appraisal system, follow the scientific, independent, objective and impartial principle, reflecting the principle of public interest.

Appraisal institutions, appraisers in accordance with the law to carry out independent forensic activities are protected by law, any organization or individual shall not interfere.

The appraisal institutions, appraisers shall comply with laws and regulations, abide by professional ethics and practice discipline, and comply with management standards.

Appraisal organizations, appraisers should be kept in the practice of national secrets, commercial secrets and personal privacy. Article 6 The municipal judicial administrative department is responsible for the registration of forensic institutions, forensic identification, supervision and management of forensic activities.

District judicial administrative departments are responsible for the administrative region of the judicial appraisal institutions, forensic experts and their forensic activities in the daily supervision and management.

Market supervision and management, finance, housing and urban-rural construction, housing management, health, culture and tourism, taxation, ecological environment, and civil affairs, human resources and social security, development and reform, financial supervision and other relevant administrative departments in accordance with their respective responsibilities, to do a good job in the management of forensic identification. Article 7 The city establishes a mechanism for articulating and coordinating the work of forensic identification. Municipal judicial administrative departments shall do a good job of organizing and coordinating the relevant work; municipal and district judicial administrative departments shall strengthen communication and coordination with the supervisory organs and investigative organs, procuratorial organs, judicial organs (hereinafter collectively referred to as the case-handling organs) handling litigation cases, as well as with the relevant industry authorities, to carry out the exchange of information and briefings, and to regulate and safeguard the judicial appraisal activities. Article 8 The city will be the forensic identification services into the city's public **** legal services platform, the announcement of forensic identification agencies, forensic identification roster, the release of other appraisal institutions, other appraisers information, to provide query services, accept business consulting and online services such as booking services. Article 9 The city encourages identification agencies, appraisers to carry out various public welfare activities.

The city encourages and supports institutions of higher learning, research institutes and medical institutions and other construction of highly qualified, high-level appraisal institutions. Chapter appraisal institutions and appraisers Article 10 of the municipal judicial administrative departments shall, in accordance with scientific planning, rational layout, optimize the structure, the requirements of orderly development, the implementation of the registration of forensic institutions.

Corporate or unincorporated organizations, individuals engaged in the judicial appraisal of the second paragraph of Article 4 of these Regulations, shall be registered by the municipal judicial administrative department, and obtain a judicial appraisal license, judicial appraisal license. Article 11 A legal person or an unincorporated organization applying to obtain a judicial appraisal license shall have the following conditions:

(1) it has its own name, residence and funds in conformity with the regulations;

(2) it has a clear scope of business of judicial appraisal;

(3) it has the instruments, equipment and practice places necessary for conducting judicial appraisal within the scope of business;

(4) it has the instruments and equipment necessary for conducting judicial appraisal according to the provisions of the State;

(4) it has the instruments and equipment necessary for conducting judicial appraisal according to the provisions of the State. (D) have in accordance with state regulations necessary for the qualification (including measurement certification) or laboratory accreditation of testing laboratories;

(E) each forensic business has more than three forensic experts.

Judicial identification organizations applying to engage in forensic identification business involves the special requirements of the relevant industry, in addition to the conditions set forth in the preceding paragraph, shall also comply with industry regulations.

The municipal judicial administrative department shall, in accordance with the national provisions of the judicial appraisal registration matters, respectively, develop the corresponding registration specifications, and publicize them to the community. Article 12 Individuals applying to obtain a license to practice as a forensic expert shall have the following conditions:

(1) Citizens of the People's Republic of China*** and the State of China, adhering to the Constitution, abiding by the laws, regulations and social morality, and being of good conduct.

(ii) meet one of the following conditions of practicing ability:

1. have relevant senior professional and technical titles;

2. have relevant professional practice qualifications and have been engaged in relevant work for more than five years;

3. have bachelor's degree or above in relevant majors in higher education and have been engaged in relevant work for more than five years;

4. have a qualification that is relevant to the work of the judicial appraisal business in which the application is made;

4. have a qualification that is relevant to the work of the judicial appraisal business in which the application is made. More than ten years of experience in work related to the judicial appraisal business in which he/she is engaged, with strong professional skills.

(3) The institution to be practiced has already obtained or is applying for a judicial appraisal license.

(d) Be in good health and be able to fulfill the requirements of judicial appraisal work.

Individuals applying to engage in the business of forensic identification involves the special requirements of the relevant industry, in addition to the conditions set forth in the preceding paragraph, should also comply with industry regulations.