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Fujian Province, In Connection With The Property Price Assurance Management Methods

Original Language Title: 福建省涉案财物价格鉴证管理办法

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Software-related fiscal price identification management approach

(Adopted by the 15th Standing Committee of the People's Government of Fford, 23 December 2013, No. 132 of the People's Government Order No. 132 of 26 December 2013, published as effective 1 February 2014.

Article 1 establishes this approach in the light of the People's Republic of China price law and the relevant laws, regulations and regulations, in order to regulate the identification of property in question, to guarantee objective impartiality in price identification, to preserve national interests, to protect the legitimate rights and interests of citizens, legal persons and other organizations.

Article 2 The law, legislation and regulations provide otherwise, from their provisions.

Article III refers to the identification of the property in question referred to in this approach, which refers to the fact that the price-recovery body at all levels of government price authorities accepts judicial, administrative law enforcement agencies and their dispatch agencies (hereinafter referred to as the executive branch) to determine the price-relevantness of the office in the course of the criminal case or the difficulty of determining the property or the price of the award.

Article IV provides for the harmonization of leadership and management of price identification.

The Government's price authorities at the district level are responsible for the regulation of price identification in the present administration.

The price-relevant body of the Government's price authorities at the district level specifically assumes the identification of property in the present administration.

Article 5 Work on price identification should be guided by the principles of law, justice, science and efficiency.

The price-confirming body conducts the identification of property prices independently of the law, and any unit or individual may not interfere.

Article 6. Those involved in the identification of property prices should be eligible for price identification and registered in accordance with national provisions.

Article 7. In criminal cases, the Office of the Prosecutor requires a price identification of the property involved or the mark, which should be entrusted to the same-level price identification body and the award of price identification.

The award of price recognition should generally contain the following:

(i) The name and address of the organ in the case;

(ii) The purpose and requirements for price identification;

(iii) The name, brand, specifications, number, source and acquisition (construction), time, location, status, etc.;

(iv) Baseline days of price identification;

(v) Modalities and dates of submission of the case administration;

(vi) Other needs clarification.

The office should provide, in a comprehensive and objective manner, material relating to price identification and be responsible for the authenticity and legitimacy of the material provided.

Article 8. The price identification body shall review the material provided by the office and decide on admissibility or admissibility within 2 days. The decision to be admissible should be given a written notice of admissibility; the decision to be inadmissible should be made in writing and the reasons for it.

Article 9 is one of the following cases in which the price identification body can be found inadmissible:

(i) The entrusting party does not meet the requirements for the management of the price identification;

(ii) After the completion of the proceedings, the award of the price identification or the related material remains incompatible with the requirements;

(iii) The loss of the price identification property or the higher changes in the price identification base date, which cannot be determined by the office;

(iv) Effective quality, technology, etc., inspection reports that are not provided as required;

(v) The law, legislation specifying criminal cases that are not based on the amount of price as a basis for conviction;

(vi) Other circumstances in which laws, regulations stipulate that they are inadmissible.

Article 10. The price identification body shall receive the price identification certificate, with the exception of the other agreed.

Article 11. The price identification body should be assigned to more than two price-confirmed personnel; and, where necessary, professionals could be hired to participate in price identification.

Article 12. One of the following conditions in the price identification certificate shall be avoided:

(i) The price identification person is a close relative to the case party, the defence, the act agent, the witness or the party, the defence, the act agent;

(ii) Whether the price identification officer or its close relatives are in the interest of the case;

(iii) Other cases provided for by law, regulations.

The evasion of price-confirmed personnel is determined by the head of the price identification body; the evading of the head of the price identification body is determined by the same price authority. The price identifiers should be avoided and the identification results were invalid.

Article 13. The price identification body shall test the identification of the property on the basis of the contents contained in the price identification letter.

The price-consensing body is required to retain the identification of the property and shall obtain the consent of the prosecution and the procedures for the transfer. For the retained property, the price identification body should be properly preserved, the timely return of the price identification certificate after the end of the price identification; the occurrence of damage, loss and liability under the law.

Article 14. The price identification body may communicate to units and individuals involved in the identification of matters, the units and individuals surveyed should cooperate, assist the investigation and provide information or describe the relevant information.

Article 15. The price recognition body shall, in accordance with the factors such as price identification of property or the mark's replacement of the price-recognized baseline date, the new degree, the quality, the sexuality, technical parameters and the expected ability to gain, validate the evidence according to the following methods:

(i) A Government pricing calculation based on government pricing;

(ii) Be subject to the Government's guidance price, which is based on the benchmarking of government guidance prices, and is calculated in the range of national provisions, taking into account actual local prices;

(iii) It is a market adjustment price that is calculated in the light of the prevailing, local equivalents or sub-prices.

For items already lost or converted, price identification bodies may use price identification evidence based on the evidence provided by the office or jointly endorsed by the parties concerned.

The State provides otherwise for the price criteria and methods, which are provided.

Article 16 states that the price identification body shall be given the price identification certificate after completing the price identification certificate. The price identification opinion should contain the following:

(i) The name of the office, the price identification body;

(ii) The purpose, content, scope and baseline date of the price identification;

(iii) An overview of price identification, methods and processes;

(iv) Price identification opinions and dates;

(v) Other needs clarification.

The price identification opinion should be added to the hard copy of the price identification body and signed by the price-confirmed.

Article 17: In the process of price identification, one of the following cases shall be suspended:

(i) The office cannot provide the material in accordance with the prescribed or agreed time;

(ii) The request for suspension by the Prosecution;

(iii) The temporary inability of the price identification certificate due to force majeure;

(iv) Other reasons result in the temporary inability of price identification.

The price identification body decided to suspend the price identification certificate and should give the notice of the suspension and the reasons for the price determination. The suspension of price identification is disappeared and is in accordance with the conditions of admissibility and should be restored.

In the process of price identification, the price identification body has one of the following cases and should terminate the price identification certificate:

(i) The fact that price identification materials are still incomplete and incomplete after replenishment, resulting in a failure to make price identification opinions;

(ii) To request the termination of the price identification;

(iii) Lack of price identification due to force majeure;

(iv) Other reasons result in inability to conduct price identification.

Ending the price identification evidence, the price identification body should give notice of termination and justify the reasons.

Article 19, which was contested by the price identification body, could be entrusted with the re-identification of the original price identification body and the remaining objection to the re-identification of the evidence, may make a review decision to the parent price identification body without re-identification. The original price identification body was entrusted with re-identification, and the original price identification body should redesign the identification of the validated. Reconfirmation and review decisions should be completed within 15 days.

The rulings of the review were still contested by the office and could be retroactive to the superior price identification body of the former review body.

The review of the rulings made by the State price-confirmation body is the final review of the decision.

Article 20

(i) Respect for legal, regulatory and professional ethics and discipline;

(ii) No disclosure of State secret, commercial secret and personal privacy;

(iii) No false price identification;

(iv) The non-use of the job to gain undue benefits;

(v) Non-acceptance of the identification of property prices in the name of the individual;

(vi) Other acts prohibited by law, regulations.

Article 21, the price-consensor, in the event of the price identification, has suffered losses from intentional or significant negligence to the parties, and its price-confirming body is liable under the law. The price-confirmed body could recover the portion of the compensation or all compensation costs to the wrong price-seeking identifier.

Article 22, paragraph 1, of the Kyoto Protocol, provides that the price-consensor shall be avoided and disposed of in accordance with the relevant provisions.

Article 23. The price identification body and its staff misuse their duties, play negligence, provocative fraud in price identification activities, and are governed by the law by the price authority or administrative inspectorate to the competent and other direct responsible persons directly responsible; and constitute a crime and are criminally criminalized by law.

Article 24

Article 25. The price-relevant body of the Government's price sector, at the district level, is entrusted by the executive branch and the price identification of administrative law enforcement cases is carried out in the light of this approach.

Article 26