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Regulations of Guangdong Province on the Administration of Judicial Appraisal
Chapter I General Provisions Article 1 In order to strengthen the administration of judicial expertise, standardize judicial expertise activities and improve the quality and credibility of judicial expertise, these Regulations are formulated in accordance with the Decision of the NPC Standing Committee on the Administration of Judicial Expertise and other relevant laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to the judicial authentication institutions and judicial appraisers within the administrative area of this province to carry out authentication practice activities and their supervision and management.

The term "judicial authentication institutions and judicial appraisers" as mentioned in these Regulations refers to the institutions and personnel registered by the judicial administrative department of the provincial people's government according to law and engaged in authentication business. Article 3 The expert responsibility system shall be implemented in judicial authentication, and the principles of independence, objectivity, science and impartiality shall be followed.

Judicial authentication institutions and judicial appraisers independently carry out authentication practice activities according to law, which are protected by law, and no organization or individual may interfere. Article 4 Judicial authentication institutions and judicial authenticators shall abide by laws and regulations, professional ethics and practice discipline, technical operation norms and accept social supervision.

Judicial authentication institutions and judicial appraisers shall keep state secrets, business secrets and personal privacy they know in their practice activities. The judicial administrative department of the fifth provincial people's government is responsible for the registration management of judicial authentication institutions and judicial appraisers in the province, as well as the guidance, supervision and management of their practice activities.

The judicial administrative department of the people's government at the prefecture level shall be responsible for the daily supervision and management of judicial authentication institutions, judicial authenticators and their practice activities within their respective administrative areas.

The development and reform, civil affairs, finance, human resources and social security, market supervision and other relevant departments of the people's governments at the provincial and prefecture levels shall do a good job in the administration of judicial expertise in accordance with their respective responsibilities. Article 6 The judicial administrative department shall, jointly with the investigation organs, procuratorial organs, judicial organs (hereinafter referred to as case-handling organs), relevant competent departments and judicial expertise associations, establish and improve the coordination mechanism of judicial expertise, strengthen the connection between judicial expertise management and the use of expert opinions, and standardize and guarantee judicial expertise activities. Article 7 The administration of judicial expertise shall implement a management system combining administrative management with industry self-discipline. Article 8 The people's governments listed at the provincial and prefecture levels shall guarantee the funds for the administration of judicial expertise. Chapter II Judicial Authentication Institutions and Judicial Appraisers Article 9 The judicial administrative department of the provincial people's government shall, according to law, register and manage judicial authentication institutions and judicial appraisers engaged in the following judicial authentication matters:

Forensic identification;

(2) Identification of material evidence;

(3) Identification of audio-visual materials;

(4) Identification of environmental damage;

(five) other identification matters stipulated by the state. Article 10 A legal person or other organization applying for the establishment of a judicial authentication institution shall meet the following conditions and provide relevant materials:

(1) Having its own name, domicile and funds meeting the prescribed amount;

(2) Having a clear business scope of judicial expertise;

(3) Having instruments and equipment necessary for judicial expertise within its business scope;

(4) Having a testing laboratory that has passed metrological certification or laboratory accreditation according to law and is necessary for judicial authentication within its business scope;

(5) Each judicial authentication project has more than three judicial authenticators.

Where the applied judicial authentication business involves special qualification requirements of relevant industries, it shall also have corresponding industry qualifications.

The judicial administrative department of the provincial people's government may, according to the categories of judicial expertise prescribed by the state, formulate detailed rules for the implementation of registration management according to law and announce them to the public. Eleventh judicial authentication institutions to set up branches within the administrative area of this province shall meet the conditions stipulated in Article 10 of these regulations and register according to law.

Where a judicial authentication institution establishes a branch outside the administrative region of this province, it shall register with the judicial administrative department of the provincial people's government within 30 days after the registration of the branch's domicile. Article 12 If the information of the legal person or other organization that established the judicial authentication institution (hereinafter referred to as the establishment institution) changes, it shall be filed with the judicial administrative department of the people's government at the prefecture level of the domicile within five working days.

A judicial authentication institution shall publicize the basic information of its establishment in the foreign service area of its place of registration. Article 13 The person in charge of a judicial authentication institution shall be the judicial appraiser of this institution. If a judicial appraiser is subject to administrative punishment by the judicial administrative department of the provincial people's government, he shall not be the person in charge of the institution within three years from the date of completion of the administrative punishment. Article 14 A judicial authentication institution shall perform the following duties:

(1) Accepting the entrustment of appraisal according to law, assigning corresponding judicial appraisers of this institution to conduct appraisal according to the registered business scope, and completing the appraisal on time;

(two) to strengthen the supervision and management of judicial appraisers and other staff in accordance with laws and regulations to carry out appraisal related activities;

(three) to strengthen the construction of forensic talents, establish and improve the education and training and business assessment system;

(four) to establish and implement the management system of accepting appraisal entrustment, appraisal data management, appraisal organization and implementation, evaluation and supervision, file management, equipment management, financial management, complaint handling and accountability;

(five) accept the supervision and management of the judicial administrative department and the judicial authentication association, cooperate with the investigation and handling of reports, complaints, letters and visits and public opinions involving this institution, truthfully provide relevant information and materials, and review the authenticity of the materials provided by the personnel of this institution;

(six) found illegal matters or clues, timely report to the judicial administrative departments, public security organs and other units;

(seven) other duties as prescribed by laws and regulations.