Tianjin Property Prices Involved Identification Of Management Approach

Original Language Title: 天津市涉案财物价格鉴定管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368199.shtml

Tianjin property prices involved identification of management approach

    (December 19, 2011 Standing Committee of the Tianjin Municipal People's Government, the 81st by Tianjin Municipal People's Government, the 48th released December 28, 2011 as of March 1, 2012) first in order to regulate property prices involved identification and safeguard national interests and the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with relevant provisions of laws and regulations, combined with the municipality, these measures are formulated.

    Property prices involved in these measures identified in article, refers to the judicial, administrative and arbitration institutions (hereinafter referred to as Commission) in handling their cases, delegate price prices established by the competent certification body on prices is unknown, price is determined, as well as other price identified the need to determine the price of the property involved, identified activities.

Article within the administrative area of the city in connection with the identification and management of property prices, these measures shall apply.

    Otherwise provided by laws and regulations prevail. Fourth, price administrative departments within the administrative area of the city in connection with the supervision and administration of identification of property prices.

    District pricing departments at the Municipal Department in charge of price under the guidance of, responsible for property prices in connection with the identification of the administrative supervision and control.

    Fifth price forensic institutions and price assurance personnel should follow an objective, impartial, scientific principles identified by law.

    Sixth price prices established by the competent certification body identification of specific property prices involved.

Article VII judicial and administrative authorities the need for criminal cases and administrative cases involving property prices identified or found, shall entrust the prices prices established by the competent certification authority shall not trust non-price prices established by the competent certification body.

    Civil litigation, administrative litigation, arbitration cases in connection with the identification of property prices, may authorize price prices established by the competent certification body.

Eighth of Municipal Department in charge of price the price certification bodies established to receive delegate to a municipal authority and the other shall be accepted in connection with the property price appraisal work.

    County price prices established by the competent certification body in accordance with the administrative provisions on classification, accepting property prices involved identification of work within their respective administrative areas.

    Nineth price price issued by the forensic examiners to achieve the State forensics teacher qualifications, and approved by the State Council Department in charge of price registration before they can practice.

    Delegate to a tenth body price when price forensic institutions, identification should fill in the price instructions and the circumstances and the information provided in accordance with State regulations.

11th price verification agencies to accept the delegation, forensic examiners shall designate two or more prices to host.

Price of forensic examiners and the parties involved have relatives or identify projects interested price forensic examiners shall voluntarily withdraw, Entrust Authority or the parties involved can also apply for his withdrawal.

    Price of forensic examiners to avoid forensic agencies decided by price, price certification withdrawal of the head of the Department of price decisions.

12th price certification bodies should be based on the identification of benchmarks, other local property prices, quality and identification of new price.

Described in the preceding paragraph, other local property prices, calculated in accordance with the following provisions:

(A) the pricing of similar property belonging to the Government, local, calculated according to the price;

(B) at that time, other local property belonging to government guidance, based on government guidance prices benchmark price, reference the actual price level;

    (C) at that time, other local property belonging to market-regulated prices, at the same time, in the same market, the market price of the same class of property calculations.

    13th price certification agencies in the identification activities, can draw attention to delegate authority to assist access to the books, documents and other information, can contribute to the units and individuals related to entrusted matters to understand the situation, or to obtain the data.

14th price certification bodies completed identification work, shall provide the principal price appraisal conclusion issued by the authorities. Price appraisal conclusions in a criminal case should be entrusted to the date in the 3rd issue, price appraisal conclusions in other cases should be commissioned within 7th day of issue. Identification of prices cannot be completed within the time limit mentioned above, approved by the head of price verification agency may be appropriately extended, but the extension may not exceed the 10th.

    Delegates agreed by the parties, their agreement shall prevail.

After the 15th price appraisal conclusion confirmed by the principal organs, and can be used as a basis for handling the case.

Delegate authority disagrees with the conclusions on prices, from the date of receipt of the price the conclusion of appraisal in the 15th, supplementary to the original price certification bodies accreditation or recertification, or higher price certification bodies for the review of the ruling or recertification. Price disagrees with the conclusions of the parties involved, from the date of receipt of the price the conclusion of appraisal 3rd review to a delegate authority in ruling on applications.

    Delegate authority for confirmation opposition reasons established, should determine the supplementary identification, recertification, or review of the decision.

16th under any of the following circumstances, price certification agency has made conclusions invalid, price certification bodies shall designate other price new price appraisal conclusions from forensic examiners:

(A) price certification bodies or price forensic examiners do not have relevant qualifications;

(B) identification procedures for serious violations;

(C) conclusion clearly deficient;

(D) the identification errors, unclear or incomplete.

    One of the cases in the preceding paragraph, accepted forensic institutions should cancel the commercial price review ruled that conclusion, made new price appraisal conclusion.

    Article 17th activities, price forensic examiners and price certification agencies shall not divulge the secrets involved, seek illegitimate interest, issue price and identification of false conclusions.

    18th price assurance agency violates the measures article 17th, leaked the secrets involved, seek illegitimate interests, issues a false price expert conclusions, warning by the price departments shall be ordered to correct, and a fine of 5000 Yuan and 30,000 yuan fine.

    Forensic examiners 19th price leaked secrets involved, issues false pricing expertise, as well as abuse of power, deception, negligence, bribes, disciplined by the pricing authorities constitutes a crime, criminal responsibility shall be investigated according to law.

20th price certification bodies on criminal cases, monitoring of cases involving property or identification shall not charge tax, property prices, requirements should be guaranteed by financial departments at the same level.

Price assurance agency price appraisal fees for other cases involving property, in accordance with the relevant provisions of the State.

    Price evaluation conclusions the review decision is revoked, price verification conclusion price certification body has identification fee shall be returned to the principal organs. 21st article this way come into force on March 1, 2012.