Article 1 In order to standardize the judicial expertise of courts in the province, provide scientific basis for trials accurately and timely, and better serve trials, according to the Criminal Procedure Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC), the Administrative Procedure Law of the People's Republic of China, the State Compensation Law of People's Republic of China (PRC) and the State Compensation Law of People's Republic of China (PRC).
Article 2 Forensic expertise refers to the scientific judgment made by forensic technicians who use their professional knowledge or skills to test and analyze specialized issues in litigation according to law. The duty of judicial expertise of the people's court is to provide scientific evidence for trial work, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, and ensure the accurate implementation of national laws.
Article 3 The scope of judicial expertise
(a) to identify or examine cases entrusted by the people's courts and relevant units.
1. Identify or review the degree of injury, degree of disability, cause of death, time of death, injured object, injury relationship (injury participation), end time of medical treatment, medical expenses, etc. Victims of various cases involving personal injury or death; Examining the materials of judicial expertise and other documentary evidence in the trial of cases by local courts.
2. Identify the mental state, physiological state and parental relationship of the parties.
3. Examining and determining the death of the executed criminal in the execution ground.
4. Carry out document inspection and appraisal business.
5. Identify all kinds of physical evidence, documentary evidence, traces and poisons.
(two) approved, open to the public specific inspection and appraisal business.
(3) Organizing or participating in judicial expertise consultation, medical malpractice, judicial psychosis, document inspection and other expertise.
(4) Organizing and managing all kinds of judicial authentication services accepted by the people's courts except for Item (1) of this article.
(five) to carry out court scientific research and judicial expertise consulting business.
(6) The Higher People's Court and the Intermediate People's Court shall guide and supervise the judicial expertise of the people's courts under their jurisdiction.
Chapter II Judicial Authentication Institutions
Fourth people's courts at all levels in the province set up judicial authentication institutions. According to the principle of streamlining and high efficiency, the district people's courts established in cities under the jurisdiction of provinces generally do not set up judicial authentication institutions.
Article 5 The judicial authentication institutions of the people's courts at all levels may set up authentication departments such as forensic medicine and document inspection as needed.
Article 6 A judicial authentication institution may, according to the needs of case authentication, employ relevant experts as technical consultants for judicial authentication.
Chapter III Appraisers
Article 7 An appraiser must have professional technical knowledge and practical experience in case investigation, and be qualified as an appraiser.
The qualification of the appraiser shall be reviewed step by step by the local people's court, approved by the provincial higher people's court and awarded the appraisal qualification, and its appraisal qualification certificate shall be uniformly produced and issued by the provincial higher people's court.
After the qualification examination of the competent authority, the employed people's court will issue a letter of appointment and report it to the people's court at the next higher level for the record.
Article 8 The rights of appraisers
(a) the appraiser shall independently exercise the right of appraisal according to law, and shall not be interfered by any administrative organ, social organization or individual.
(2) When conducting inspection and appraisal, the appraiser has the right to know the situation, ask the entrusting unit and relevant individuals to provide the information necessary for appraisal, and have the right to access the files and relevant information, re-examine the site, check and test the inspected information, adopt special inspection methods and ask relevant personnel.
When carrying out the above work, the entrusting unit shall provide necessary conditions and give assistance.
(3) The appraiser has the right of judicial advice.
Article 9 Obligations of appraisers
(a) we must adhere to the facts as the basis, take the law as the criterion, enforce the law impartially, scientifically review cases, and make expert conclusions fairly and accurately.
If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.
(2) The appraisers shall keep confidential the relevant state secrets, business secrets, personal privacy and other appraisal materials that cannot be made public, as well as the different opinions of appraisers on the appraisal.
(3) After receiving the notice of the people's court to appear in court, the appraiser shall appear in court on time to read the appraisal conclusion, unless the appraiser has special circumstances or the people's court allows him not to appear in court.
When an expert witness appears in court, he shall answer the questions raised by the public prosecutor, defender, parties and agents ad litem in accordance with legal procedures; The appraiser has the right to refuse to answer questions unrelated to the appraisal.
(4) Abide by the legal provisions on avoidance.
(five) the appraiser can not answer the consultation in the name of the appraisal institution.
Chapter IV Governance
Article 10
The judicial authentication institutions of the people's courts at all levels shall accept the judicial authentication of various cases in accordance with the principle of territorial jurisdiction and step-by-step authentication. Judicial expertise cases outside the jurisdiction of our court shall not be accepted unless designated by the people's court at a higher level.
Article 11
The judicial authentication institutions of grassroots people's courts are responsible for accepting the following cases: judicial authentication cases entrusted by the court of first instance and the people's court; Inspection and appraisal cases entrusted by relevant units within the jurisdiction; Judicial authentication cases designated by judicial authentication institutions of higher courts and other cases that should be accepted by them.
Article 12
The judicial authentication institution of the intermediate people's court is responsible for accepting the following cases: judicial authentication cases entrusted by the trial court of our court; Judicial expertise cases concluded by grassroots people's courts entrusted by grassroots people's courts; Judicial authentication cases under the jurisdiction of the judicial authentication institutions of the grassroots people's courts are not suitable or can not be carried out, or the judicial authentication institutions of the intermediate people's courts must be under the jurisdiction of laws and regulations; Judicial authentication cases designated by the judicial authentication institutions of the people's courts at higher levels; Inspection and appraisal cases entrusted by relevant units within the jurisdiction; Foreign-related litigation and other judicial expertise cases that should be accepted by this jurisdiction.
The intermediate people's court directly accepts the judicial authentication cases of the grass-roots people's courts that should be established but not set up judicial authentication institutions, and must be approved by the judicial authentication department of the provincial higher people's court.
Article 13
The judicial authentication institution of the Higher People's Court accepts the following cases: judicial authentication cases entrusted by the trial court of our court; Judicial expertise cases concluded by the people's courts at all levels in the province entrusted by the intermediate people's courts; Judicial expertise cases that have not been carried out by lower people's courts; Foreign-related litigation and other judicial expertise cases that should be accepted by it.
Fourteenth to the ministerial level judicial authentication institutions, provincial (city) judicial authentication institutions to apply for identification, it should be reported to the provincial higher people's court for approval in advance.
Chapter V Entrustment and Acceptance
Article 15
If judicial authentication is needed, it shall be entrusted in written form, and a power of attorney (letter) shall be issued to explain the purpose and requirements of the authentication, and provide the case and detailed authentication materials. The applicant or the entrusting unit shall pay the appraisal fee, special inspection fee, photography fee, information fee and necessary expert consultation fee according to the regulations.
If the filing department of the court thinks that the appraisal should be made before filing the case, the filing court shall handle the entrusted appraisal procedures according to the application of the parties.
Article 16
After receiving the appraisal application or power of attorney (letter), the court filing department or the judicial authentication institution shall review the appraisal matters put forward by the parties or the entrusting unit and the appraisal materials provided, and make a decision on whether to accept the appraisal within one week; If it is not accepted, it shall explain the reasons to the parties or the entrusting unit.
After accepting the case, the registration number shall be unified, and the person in charge of the judicial authentication institution shall designate a special person to undertake it.
Seventeenth judicial authentication institutions of the people's courts at all levels shall not refuse to accept cases entrusted by the courts within their respective jurisdictions.
Article 18
The judicial authentication institution of the people's court may accept the entrustment of the political and legal departments within its jurisdiction to carry out the damage assessment business, but it shall be approved by the provincial higher people's court in advance. Do not accept the entrustment of individual citizens.
For the inspection of non-litigation cases, generally only the inspection certificate is issued. With the approval of the judicial authentication institution of the Provincial Higher People's Court or the relevant departments, it can also accept the entrustment of the unit with the right to handle the case and issue a formal authentication book.
Article 19 Medical appraisal, medical accident appraisal and judicial psychiatric appraisal involving personal injury shall be entrusted in accordance with relevant regulations.
Twentieth after accepting a case, under any of the following circumstances, with the approval of the person in charge of the judicial authentication institution or the collective discussion of the judicial authentication institution, the authentication may be suspended or terminated:
(1) The entrusting unit fails to provide necessary evaluation materials;
(two) the entrusting unit does not cooperate with the appraisal work, resulting in exceeding the appraisal period;
(three) the main contents of the entrusted appraisal are beyond the scope of appraisal business, and it is impossible to carry out partial appraisal;
(four) the appraiser does not cooperate with the examination or the injury is not stable enough to evaluate the prognosis;
(five) in the process of case appraisal, the case is withdrawn or settled through mediation, and no appraisal is needed;
(6) Other circumstances that make identification impossible or unnecessary.
In addition to the live injury examination of the forensic clinic, the judicial authentication institution shall suspend or terminate the authentication letter in writing.
Chapter VI Inspection and Evaluation
Article 21 After accepting a case, an appraiser shall examine the transferred materials and make a marking record.
Appraisal materials that have objections to the parties concerned cannot be directly quoted without verification.
Article 22
The appraiser shall conduct a comprehensive and detailed inspection of the appraiser or sample. Strictly abide by the operating rules and make inspection records; When examining corpses and physical evidence, samples shall be kept for future reference.
Article 23
The examination of expert witnesses shall be conducted by two or more experts or one or more other personnel, and the examination of female corpses shall be conducted by female forensic. If there is no female forensic doctor, there should be female staff present.
Twenty-fourth on-site inspection and corpse inspection, the entrusting unit shall send relevant witnesses to the scene, and the absence of witnesses shall not affect the inspection and inspection.
Article 25
In addition to the people's court temporarily equipped with judicial appraisers, the judicial appraisal shall be subject to the main co-organizer system, and both the co-organizer and the appraiser shall put forward clear appraisal opinions in writing, and the presiding appraiser shall bear the main responsibility for the appraisal conclusion issued.
Twenty-sixth in any of the following circumstances, it should be combined with discussion or collective discussion to make an expert conclusion:
(a) the appraisers of the main co-organizers have different opinions on the appraisal conclusion;
(two) the appraisal conclusion of the review or review is inconsistent with the original appraisal conclusion;
(3) Major, difficult and complicated judicial expertise cases;
(four) forensic identification may belong to the degree of serious injury, disability level 6 or above, mutatis mutandis, the identification standards.
In collective discussion, different opinions should be recorded in detail. If the appraiser disagrees with the collective discussion, he may not sign the appraisal book.
If the presiding appraiser disagrees with the opinions of collective discussion, the presiding appraiser may be reassigned and transferred to the judicial authentication institution of the people's court at a higher level for authentication when necessary.
Article 27
The people's court at a higher level may review the comments of the people's court at a lower level; If the people's court at a lower level disagrees with the appraisal conclusion made by the judicial authentication institution of the people's court at a higher level, it may submit it to the judicial authentication institution of the people's court at a higher level for reconsideration or re-appraisal.
Article 28
If the party concerned or the entrusting unit disagrees with the conclusion of judicial authentication, it may entrust the original authentication institution or the superior authentication institution to supplement or re-authenticate. After more than two judicial authentications and the conclusion is consistent, the parties still require re-authentication or verification. The entrusting unit and the authentication acceptance institution shall strictly review and, if necessary, report to the judicial authentication institution of the people's court at a higher level for consultation and authentication. The provincial consultation and authentication shall be undertaken by the Academic Committee of Science and Technology of the Jiangsu Provincial Court.
Article 29
Appraisal institutions of provincial or municipal public security organs may conduct joint inspection and appraisal. Municipal Federation inspection and appraisal is the highest level of local judicial appraisal; If the municipal public security organs and the Federation of authentication institutions think that they should be reported to the provincial public security organs for inspection and authentication, they can report to the judicial authentication institutions of the provincial higher people's courts to organize the provincial public security organs and the Federation of authentication institutions for inspection and authentication. Provincial joint inspection appraisal is the final appraisal in the litigation stage in the province.
Involving complex and difficult judicial authentication, you can hire relevant experts to assist in the authentication or conduct inspection and authentication in conjunction with relevant authentication departments.
Thirtieth when hiring experts to assist in the appraisal, we should fully listen to the opinions of experts and record them in detail. The responsibility for selection shall be borne by the appraiser, and the appraisal book does not indicate the name and title of the unit and expert.
In conjunction with the relevant appraisal departments, the appraisal book shall specify the unit, name and title of the appraiser. If the medical appraisal conclusion issued by the hospital designated by the provincial government is quoted in the appraisal document, the name, position and hospital name of the appraiser shall be indicated.
Thirty-first organization, participation in consultation or appraisal shall be approved or assigned by the person in charge of the judicial authentication institution.
Chapter VII Evaluation Period
Article 32
The judicial expertise of general cases shall be completed within 30 days from the date of acceptance, and the judicial expertise of complex and difficult cases shall be completed within 60 days from the date of acceptance. If the appraisal cannot be completed within the specified time, the appraisal time may be extended upon the written application of the appraiser and the approval of the person in charge of the judicial appraisal institution, but the extension time shall generally not exceed 30 days.
Article 33 If the appraisal materials are incomplete or the appraisal time is not mature, the appraisal period shall be recalculated from the date when the materials are supplemented completely or the appraisal time is mature.
Chapter VIII Judicial Appraisal Documents
Article 34
Judicial authentication documents are divided into: inspection report, document review opinion, authentication book, etc. The appraisal documents shall be concise, accurate and comprehensive, with sufficient evidence and clear conclusions, and photos and explanations shall be attached when necessary.
Article 35
The content of inspection report generally consists of three parts: introduction, inspection findings and inspection opinions. The content of document review opinions generally consists of introduction and review opinions. The content of the appraisal book generally consists of six parts: introduction, case summary, documentary evidence, inspection findings, analysis and conclusion.
Article 36
Judicial authentication documents shall be made and signed by the presiding appraiser, and checked and issued by a special person. When errors or other problems are found in the verification and issuance, relevant personnel may be convened for discussion and consultation, and the undertaker shall carry out supplementary verification or assign an appraiser to undertake it; When necessary, it may request the judicial authentication institution of the people's court at a higher level for authentication. The appraisal certificate shall be valid only after it is signed or sealed by the appraiser and stamped with the special seal for scientific and technical appraisal of our institute.
Article 37 The judicial authentication documents shall be numbered uniformly according to the year and the authentication category.
Chapter IX Filing and Statistics
Article 38
The materials of appraisal cases shall be filed and the archives of judicial appraisal shall be established. The filing materials include: power of attorney (letter), registration form, documentary evidence, marking records, supplementary investigation materials, inspection records, consulting materials, marking minutes, discussion records, original manuscript of appraisal book, appraisal book and photos. According to the provisions of the archives management, timely sorting, binding, according to the "people's court litigation file storage period" management.
Article 39
The judicial authentication institutions of the courts at all levels shall make timely classified statistics on all kinds of judicial authentication cases that have been settled, and report them step by step once every six months. The statistical results of the first half year were reported before July 10, and the statistical results of the second half year were reported before July 65438+ 10/0 of the following year.
Article 40
The judicial authentication institutions of the basic people's courts and the intermediate people's courts shall make a copy of each authentication case completed this year every year, bind it into volumes in order, and report it to the judicial authentication institutions of the next higher court for future reference.
Chapter X Supplementary Provisions
Article 41 Judicial accounting, construction project audit and technical appraisal in intellectual property litigation shall be conducted in accordance with relevant regulations.
Article 42 In case of any conflict between these Rules and the laws and regulations of the State or the relevant provisions of the Supreme People's Court, the laws and regulations and the relevant provisions of the Supreme People's Court shall prevail.
Article 43 If the previous provisions of our hospital are inconsistent with these rules, these rules shall prevail.
Article 44 These Rules shall come into force as of 1 August 19991day.
Article 45 The Higher People's Court of Jiangsu Province shall be responsible for the interpretation of these Rules.