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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399466.shtml

Fujian province, in connection with the property price assurance management methods

    (December 23, 2013 Fujian Province Government 15th times Executive Conference through December 26, 2013 Fujian Province Government makes 132th, announced since February 1, 2014 up purposes) first article for specification involved property price mirror card work, guarantees price mirror card of objective just, maintenance national interests, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China price method and the about legal, and regulations, combined this province actual, developed this approach. Article within the administrative area of the province in connection with the property price verification procedures apply.

    Otherwise provided by laws and regulations, from its provisions.

    Third forensic property prices involved in these measures refers to Government pricing departments at all levels price forensic institutions for judicial, administrative law enforcement organs and its agencies (hereinafter referred to as case authorities) delegate handling organs in handling criminal cases involving the price is unknown or price to determine the price of the property or the subject-matter insured certified, determine the price behaviour.

Article fourth price verification work under unified leadership and management at different levels.

Government price departments above the county level shall be responsible for the supervision and management of price attestation within the administrative area.

    Price Department of the people's Governments above the county level price assurance agencies within specific administrative areas property prices in connection with certification.

Fifth price verification work should follow the law, justice, science, efficiency principle.

    Price assurance agency property prices involved forensic work independently according to law, and no unit or individual shall interfere.

    Article sixth property prices involved forensic personnel should be qualified as a price forensic and registered in accordance with State regulations.

Article seventh case authorities in handling criminal cases, forensic need to price a property or in connection with the subject matter, shall entrust the prices at the same level certification agencies, and provide the price of certified power of attorney.

Certified power of Attorney General shall set forth the following prices:

(A) the name and address of the authorities which handle their cases;

(B) the price assurance and requirements;

(C) in connection with the property or object name, brand, size, model, quantity, origin and the acquisition (construction), use of time, place, situation, etc;

(Iv) price certification date;

(V) handling authority contact information and submission date;

(Vi) other caveat.

    Authorities which handle their cases should be comprehensive, objective provide forensic work and price-related material, and be responsible for the authenticity and validity of the material provided by. Article eighth price certification bodies shall review the information provided by the authorities which handle their cases, within 2nd's decision to accept or not to accept.

    Decision of admissibility, shall issue a written notice of acceptance; decision inadmissible, shall issue a notice in writing not to accept, and explain the reasons.

Nineth price forensic matters, one of the following circumstances, price certification authority can refuse to accept:

(A) the principal does not meet the requirements of price assurance grading regulations;

(B) with the authorities which handle their cases after the correction, price verification instructions or related materials still do not meet the requirements;

(C) the price verification of property loss or status changed with price assurance benchmark, authorities which handle their cases cannot determine its price assurance baseline situation;

(D) shall provide effective quality and technical inspection report was still not available;

(E) laws and regulations expressly do not amount to price as evidence of the conviction and sentencing of criminal cases;

    (Vi) other circumstances as stipulated by laws and regulations was inadmissible.

    Article tenth authentication of price verification agencies to accept the price should be made within the 5th price assurance, except as otherwise agreed.

    11th price certification agency for price forensic, forensic examiners shall assign 2 or more price undertaking if necessary, you can hire professionals to participate in price certification.

12th of price verification in the following circumstances, price forensic examiners should avoid:

(A) price forensic examiners are parties to the case, Defender or agent ad litem, witnesses or the parties, close relatives of the Defender or agent ad litem;

(B) price forensic examiners or its close relative has an interest to the case;

(C) other circumstances as stipulated by laws and regulations. Forensic forensic examiners shy away from the prices by price agencies decided prices permit withdrawal of the head of the price Department at the same level.

    Forensic examiners should be avoided and the price is not avoided, forensic results.

13th price forensic forensic institutions should be based on the price instructions set out the contents of the authentication property inspection. Price Assurance Agency needed retained forensic property, consent of the authorities which handle their cases and handing over procedures.

    On the retirement of property, price certification bodies shall keep, price verification after the timely return of damaged, lost, shall bear the liability for damages.

    14th price certification bodies can contribute to the units and individuals related to the investigation and forensic matters know, units and individuals shall cooperate with and assist in the investigation of the investigation, and to provide relevant materials or on the relevant circumstances.

15th price forensic forensic institutions should be based on the price property subject in forensic reference date of the price or replacement value, old and new, quality, status, performance, technical parameters and the expected profitability and other factors, in accordance with the following method of identification:

(A) the Government pricing, calculated in accordance with Government pricing;

(B) belongs to the Government-guided prices, based on government guidance prices benchmark price, within the range set by the State, according to local price level;

(C) are market-regulated prices, references, or similar property is the subject of a number of local secondary prices.

For items lost or patterns have changed, organ case price verification agency can provide the evidence or shared by the parties concerned, compared with price assurance benchmark similar patterns of price levels for price verification.

    Provisions of national valuation standards and methods, from its provisions. 16th price certification bodies shall issue price after price forensic forensic submissions.

Price assurance opinion shall include the following:

(A) the name of the authorities which handle their cases, price certification authority;

(B) price certification objectives, content, scope and benchmarks;

(C) price certification basis, an overview of the methods and processes;

(Iv) price certification and date;

(E) the description of the other.

    Price price forensic forensic submissions shall be affixed to the seal of the Agency and signed by the price of forensic examiners.

17th price forensic institutions in terms of price verification process, any of the following circumstances shall be suspended price assurance:

(A) the authorities which handle their cases cannot provide related materials as required or agreed time;

(B) handling required for aborted;

(C) forensic temporarily due to force majeure price cannot be carried out;

(D) other causes of price verification temporarily unable to carry. Price certification agency decides to suspend price verification, it shall issue a price certification suspension notice and justification.

    Stop price assurance disappears, and in accordance with of the original is admissible, shall restore the price certification.

18th price forensic institutions in terms of price verification process, any of the following circumstances, price certification shall be terminated:

(A) price certification materials after they have been added are still incomplete, inadequate, lead to price verification;

(B) to terminate the price certification authorities which handle their cases;

(C) the price assurance could not be due to force majeure;

(D) other reasons for price verification cannot be carried out.

    Ending price assurance, price certification bodies shall issue a notice of termination, and explain the reasons. Article 19th case authorities on the price certification there are dissenting opinions, may entrust the original price assurance mechanism re-assurance, there are objections to re-assurance, higher price assurance agency review found that higher prices without re-assurance certification bodies for the review of decisions. Forensic forensic institutions commissioned the original price, original price assurance mechanism should reassign forensic forensic personnel.

Re-assurance, review decision should be completed in the 15th.

Authorities which handle their cases against decisions of the review there are dissenting opinions, can be to the original review ruling body price certification authorities for further review at a higher level of determination.

    Review to the national price assurance agency decisions for final review decisions.

Article 20th in price assurance price assurance activities shall comply with the following requirements:

(A) to comply with laws, regulations and professional ethics and practice discipline;

(B) shall not disclose State secrets, business secrets and personal privacy;

(C) not issue false price assurance opinions;

(D) shall not take advantage of their positions to seek illegitimate interests;

(E) shall not be received in connection with the property in his own name price assurance services;

    (Vi) other behaviors prohibited by laws and regulations. Article 21st in price assurance price assurance activities, intentionally or due to gross negligence cause losses to individuals, its price assurance institutions liable.

    Price assurance agency compensation for loss, forensic examiners to fault price recover part or all of the damages.

    22nd price forensic personnel violating these rules article 12th, should be avoided and are not avoided, be disposed of in accordance with the relevant provisions.

    Article 23rd price assurance price assurance activities of institutions and their staff abuse their powers, neglect their duties, engages in, and monitored by the price departments or administrative authorities are directly responsible for the charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    Article 24th price assurance agency handling criminal cases price assurance, and administrative cases shall not charge any fee requirements included in the financial budget management.

    25th Government pricing departments at and above the county level shall price certification body to receive the Executive delegate, price verification in cases of administrative law enforcement in accordance with the measures implemented. 26th article this way come into force February 1, 2014.