Advanced Search

Forensic Registry Management

Original Language Title: 司法鉴定机构登记管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On September 29, 2005 Ministry of Justice makes 95th, announced since announced of day up purposes) first chapter General first article to strengthening on judicial identification institutions of management, specification judicial identification activities, established unified of judicial identification management system, adapted judicial organ and citizens, and organization of litigation need, guarantees party of litigation right, promote judicial just and efficiency, according to national people's Congress Standing Committee on judicial identification management problem of decided and other related legal, and regulations, developed this approach.
    Second judicial authentication institutions engaged in the decision of the Standing Committee of the national people's Congress on the management of forensic forensic business article, these measures shall apply.
    Article III judicial authentication institutions mentioned in these measures refers to the decision of the Standing Committee of the national people's Congress on the management of forensic forensic operations provided for in article II of the legal person or other organization.
    Judicial authentication institutions is the practice of forensic institutions shall satisfy the conditions laid down in this way, registration of examination by the judicial administrative organs at the provincial level, made the forensic license, registered within the business scope of forensic, forensic activities.
    Article IV judicial expertise administration administration and management combined with the management system. Forensic examination of the judicial administrative organs of judicial forensic institutions and its activities in accordance with law, guidance, management and supervision and inspection.
    Judicial identification in accordance with law, self-regulation of the industry association.
    Fifth national uniformity of judicial forensic institutions and forensic audit registration roster, roster development and announcement system.
    Article the development of judicial authentication institutions shall comply with the overall planning, rational distribution, optimizing the structure and orderly development of.
    Article judicial authentication institutions carry out forensic activities should follow lawful, neutral, standard and principles in a timely manner.
    Article judicial authentication institutions unified commissions organization is a member of forensic of forensic activities, comply with the relevant laws, regulations and systems, implementation of integrated forensic procedures, technical standards and technical specifications. Second chapter competent organ Nineth article Ministry of Justice is responsible for national judicial identification institutions of registration management work, law perform following duties: (a) developed national judicial identification development planning and guide implementation; (ii) Guide and supervision provincial judicial administrative organ on judicial identification institutions of audit registration, and roster prepared and roster announcement work; (three) developed national unified of judicial identification institutions qualification management assessment system and judicial identification quality management assessment system and guide implementation; (four) organization developed national unified of judicial identification implementation program, and
    Technical standards and technical norms and guiding the implementation of the management system of forensic technology; (v) guidance of forensic science and technology research, development, introduction and promotion, organization of judicial authentication exchanges and cooperation, and (vi) other duties stipulated by laws and regulations.
    Tenth Article provincial judicial administrative organ is responsible for this administrative within judicial identification institutions of registration management work, law perform following duties: (a) business version administrative judicial identification development planning and organization implementation; (ii) is responsible for judicial identification institutions of audit registration, and roster prepared and roster announcement work; (three) is responsible for judicial identification institutions qualification management assessment and judicial identification quality management assessment work; (four) is responsible for on judicial identification institutions for supervision, and check;
    (V) is responsible for the practice of judicial authentication institutions violating investigation; (f) the Organization of forensic science and technology development, diffusion and application, (VII) other duties stipulated by laws, rules and regulations.
    11th provincial-level judicial administrative organs under the judicial administrative organs may authorize assistance in dealing with these measures article tenth of the relevant work.
    12th judicial administrative bodies responsible for the supervision of forensic Association and its professional Committee shall carry out its activities.
    Chapter III applications for registration registration of 13th judicial authentication institutions including: name, domicile, legal representative or head of accreditation bodies, funding, equipment and laboratories, forensic science, forensic scope of business.
    14th article corporate or other organization application engaged in judicial identification business, should has following conditions: (a) has himself of name, and residence; (ii) has many Yu 200,000 to 1 million Yuan Yuan of funds; (three) has clear of judicial identification business range; (four) has in business range within for judicial identification required of instrument, and equipment; (five) has in business range within for judicial identification required of law through measurement certification or laboratory recognized of detection laboratory;
    (F) each of the forensic operations have more Appraisers.
    15th article corporate or other organization application engaged in judicial identification business, should submitted following application material: (a) application table; (ii) proved application who identity of related file; (three) residence proved and funds proved; (four) related of industry qualification, and qualification proved; (five) instrument, and equipment description and the ownership voucher; (six) detection laboratory related information; (seven) judicial identification people application practice industry of related material; (eight) related of internal management system material; (nine) should submitted of other material.
    The applicant should be responsible for the authenticity, integrity and reliability of the application materials.
    16th applying for the establishment of an independent legal personality of judicial authentication institutions, except 15th under these measures shall be submitted the application materials, should also be submitted to the judicial authentication institutions regulations, in accordance with the relevant provisions of judicial authentication institution name management to its name of the judicial administrative organs of reporting.
    17th judicial authentication institutions in this province (autonomous regions and municipalities) established within the administrative branch, branches shall comply with the conditions laid down in article 14th, and after examination by the judicial administrative organs at the provincial level registration before they can carry out forensic activities.
    Provinces (autonomous regions and municipalities) to set up branches, in addition to the administrative area where the Branch Office to be established outside the judicial administrative organs at the provincial level of registrations, and should be reported to the administrative area of judicial authentication institution of judicial administrative organs at the provincial level.
    18th judicial authentication institutions should take part in forensic practice liability insurance system or established professional risks.
    The fourth chapter registrations article 19th legal persons or other organizations applying for judicial authentication, any of the following circumstances, the judicial administrative organs inadmissible, and issue a written decision of inadmissibility: (a) the legal representative or head of the accreditation body has been subjected to criminal punishment or dismissal disposition; (b) other circumstances as stipulated by laws and regulations.
    20th judicial administrative authority decides to accept the application, shall issue a written decision on the admissibility and in accordance with statutory time limits and procedures for the audit is completed.
    Judicial administrative organs should organize an expert, forensic examination of the applicant engaged in business required instruments, equipment and testing labs review, review time is not included in the audit period.
    21st upon examination of eligible provincial judicial decisions of the administrative organ shall make a decision on registration, issuing a forensic license; does not meet the criteria, make a registration decision, notify the applicant in writing and state the reasons.
    22nd forensic license is practising certificates of judicial authentication institutions, judicial authentication institutions must hold a provincial-level judicial administrative authority granted registration decision and the forensic license before they can carry out forensic activities. The forensic license produced centrally by the Ministry of Justice, includes an original and a copy.
    The forensic license copy of the original and has the same legal effect.
    On the judicial appraisal and licenses to use for a period of five years, calculated from the date of issue.
    The forensic license shall contain the following: (a) the name, (ii) institutional homes; (c) the name of the legal representative or an accreditation body (iv) amount (v) scope of business; (f) age, (VII) certification authorities and certification; (h) the certificate number. 23rd judicial identification of areas with inadequate resources, judicial administrative organs of judicial authentication institutions can take the form of tender approving registrations.
    Specific tendering procedures, the time limit in accordance with the provisions of relevant laws and regulations.
    The fifth chapter changes, continuation and cancellation of 24th judicial authentication institutions changes relating to the registration of shall be promptly submitted to the judicial administrative organs in charge of registration change of registration applications and related materials, audited in accordance with the regulations, the judicial administrative organs shall handle the registration formalities. 25th judicial authentication institution changes its registered items shall be the forensic certificate indicated on the copies.
    The forensic licenses used within the term allowed to change matters, period should be consistent with the forensic license of use of the term. Article 26th forensic license period expires, needs continuity, forensic institutes should use expires 30th to the judicial administrative organs in charge of registration renewal application, judicial administrative organs in accordance with the audit process.
    Continuation of conditions and applications need to be submitted in accordance with the relevant provisions of chapter III of these measures apply to register.
    Not to seek an extension of judicial authentication institutions, the judicial appraisal and licenses to use after the expiration of the term, by the judicial administrative organs in charge of registration cancellation of registration.
    27th article judicial identification institutions has following case one of of, original is responsible for registration of judicial administrative organ should law handle cancellation registration procedures: (a) law application terminated judicial identification activities of; (ii) voluntary dissolved or closed of; (three) registration matters occurred changes, not meet established conditions of; (four) judicial identification license using term expires not application continued of; (five) legal, and regulations provides of other case.
    The sixth chapter roster prepare and announce the 28th where a forensic examination by the judicial administrative organs the registration bodies and judicial experts, must be included in the roster of forensic science and forensic institutions and publicly announce it. 29th provincial-level judicial administrative bodies responsible for the preparation of the regional forensic and forensic agencies roster after the Justice Department filed in this notice once a year within the administrative area.
    The Ministry of Justice is responsible for gathering expert testimony from judicial administrative organs at the provincial level and roster of forensic institutes, announcements once every five years in the country.
    Without the approval of the Ministry of Justice, other departments and prepared on behalf of the Organization shall not in any forensic roster and roster of forensic institutes or similar. 30th judicial expert witnesses and forensic institutions register into electronic and paper versions.
    Electronic version by the judicial administrative organs responsible for announcements, print edition organized by the judicial administrative organs of judicial authentication institution in the relevant notice was published in the media.
    31st judicial authorities and citizens and organizations can delegate include forensic and roster of judicial authentication institution of judicial forensic institutions and forensic experts for identification.
    In litigation activity, to the decision of the Standing Committee of the national people's Congress on the management of forensic identification provided for in article II of the issue arises, needs identification, the judiciary and citizen, commissioned by the Organization should be included in the forensic and roster of judicial authentication institution of judicial forensic institutions and forensic experts for identification.
    Article 32nd preparation, announcement of forensic and roster of judicial authentication institution of specific procedures, content, and format developed by the Ministry of Justice.
    Supervision and administration of the seventh chapter 33rd judicial administrative authority shall, in accordance with the unified arrangements, shall conduct supervision and inspection of judicial authentication institutions.
    Citizens, legal persons and other organizations of judicial authentication institution acts in violation of these rules to report, complaint, judicial administrative organs shall conduct supervision and inspection in a timely manner, and processed according to the survey results.
    34th judicial administrative authority may in respect of the following matters, to supervise and inspect the judicial authentication institutions: (a) comply with laws, rules and regulations, (ii) to comply with legal procedures, technical standards and technical norms of operation; (c) belongs to forensic practice and (iv) other matters stipulated by laws, rules and regulations. 35th judicial administrative organs of the judicial institution when conducting supervision and inspection, you can check out or ask for judicial authentication institutions according to law to submit relevant materials.
    Judicial authentication institutions shall provide relevant information and materials.
    36th judicial administrative bodies to supervise the judicial authentication institutions, examination, does not impede the normal business activities of judicial authentication institutions shall not solicit or accept a judicial authentication institution of property shall not seek other improper benefits. 37th judicial administration qualification assessment of judicial authentication institutions, to assess the quality of forensic.
    Evaluation results to the general public.
    38th eighth chapter legal liability legal person or other organization without registration, has been incorporated into the way to adjust the scope of forensic services, judicial administrative organs at the provincial level should be ordered to stop the judicial identification of activities and illegal gains shall be punishable by a fine of three times to times, shall not exceed a maximum total fine of 30,000 yuan.
    39th article judicial identification institutions has following case one of of, by provincial judicial administrative organ law give warning, and ordered its corrected: (a) beyond registration of judicial identification business range carried out judicial identification activities of; (ii) without law registration unauthorized established branch institutions of; (three) not law handle change registration of; (four) lending judicial identification license of; (five) organization not made judicial identification people practice industry card of personnel engaged in judicial identification business of;
    (Vi) refused to accept the forensic Commission without good reason, and (VII) administrative measures for violations of judicial appraisal fees; (VIII) payment of kickbacks, fee, for false advertising and other unfair behaviors; (IX) refused to accept the judicial administrative organs to supervise and inspect or provide false materials; (j) other circumstances as stipulated by laws, rules and regulations.
    40th article judicial identification institutions has following case one of of, by provincial judicial administrative organ law give stop engaged in judicial identification business three months above a years following of punishment; plot serious of, revoked registration: (a) for serious not responsible to party lawful rights and interests of caused major loss of; (ii) has this approach 39th article provides of case one of, and caused serious consequences of; (three) provides false proved file or take other fraud means, cheat registration of; (four) legal, and regulations provides of other case.
    41st judicial authentication institution in the forensic activities carried out by illegal and shall bear civil liability for acts of fault, in accordance with the relevant provisions of the civil law.
    42nd judicial staff in the management of the executive authorities of abuse of power, dereliction of duty causing serious consequences, shall be investigated for legal responsibility.
    43rd judicial authentication institution of judicial administrative organs of administrative license and disagrees with the administrative penalty, may apply for administrative reconsideration.
    Nineth chapter supplementary articles article 44th judicial forensic institutions in these measures do not contain the decisions of the Standing Committee of the national people's Congress on the management of forensic identification of the seventh article of organization. 45th these measures come into force on the date of promulgation.
                                                          Published on August 14, 2000 of the measures for the administration of registration of judicial authentication institutions (Ministry of Justice, the 62nd) repealed simultaneously.