In our real life, to protect rights according to law, we usually need to judge cases and divide responsibilities according to the results of judicial expertise. However, in some cases, the parties may not approve or disagree with the report results of the judicial authentication institutions. If the parties feel that there may be violations or cover-ups in judicial expertise, they can complain about judicial expertise. How do they complain about judicial expertise? Bian Xiao will answer your questions.
First, how to complain about judicial expertise complaints?
The complainant can generally complain to the judicial authentication institution where the judicial appraiser is practicing, or to the municipal or state judicial administrative organ where the judicial appraiser is located, or to the provincial judicial administrative organ.
Accept and file a case
1. The judicial expertise office shall set up a complaint telephone number and publicize it to the public, and a special person shall be responsible for the reception, registration, acceptance, transfer, filing and daily management of complaints.
The complainant can complain by letter, e-mail, fax, telephone or visit. , and have a real signature. The complainant shall truthfully report the situation, and the contents of the complaint shall be detailed, specific and clear, and provide corresponding evidential materials. Anonymous complaints should also be investigated and handled.
2. After accepting the complaint, the judicial appraisal office shall fill in the Registration Form of Judicial Appraisal Complaints, including the complainant's name, gender, contact address (address or unit name), contact information, reception time, reasons for the complaint, persons involved, specific facts of the respondent's violation of the law and relevant evidential materials.
3. If the complaint accepting organ makes a complaint on a visit or orally, it shall receive it warmly, make records, and submit the records to the complainant for verification and encourage his signature.
4. The judicial expertise office shall make a decision on whether to file a case within 3 working days after receiving the complaint. If a complaint is not filed, it shall give a reply and explain the reasons within 5 working days after receiving the complaint. If it is necessary to transfer it to a judicial administrative organ with jurisdiction, it shall make a transfer document and inform the complainant.
Two. The scope of accepting complaints by judicial authentication institutions
1. If the complainant thinks that the judicial appraiser has one of the following circumstances,
(1) Practicing in two or more judicial authentication institutions at the same time.
(2) practicing beyond the registered practice category;
(3) Accepting the entrustment of judicial expertise without authorization;
(four) in violation of the confidentiality system and avoidance provisions;
(five) refusing to accept the supervision and inspection of the judicial administrative organ or providing false materials to it;
(six) due to serious irresponsibility to the legitimate rights and interests of the parties caused significant damage;
(seven) provide false documents or take other fraudulent means to defraud the registration;
(eight) after being notified by the people's court according to law, refusing to testify in court for non-statutory reasons;
(9) Deliberately making false identification;
(10) Accepting bribes or engaging in malpractices for personal gain;
(eleven) other circumstances stipulated by laws, regulations and rules.
2. If the complainant thinks that the judicial authentication institution has one of the following circumstances,
(1) Engaging in judicial authentication activities beyond the registered business scope of judicial authentication;
(two) the establishment of branches without legal registration;
(3) Failing to go through the alteration registration according to law, or lending the license of judicial expertise;
(4) Organizing persons who have not obtained the practice certificate of judicial appraisers to engage in judicial expertise;
(5) refusing to accept the entrustment of judicial expertise without justifiable reasons;
(six) in violation of the measures for the administration of judicial expertise fees;
(seven) pay kickbacks, referral fees, false propaganda and other improper acts;
(eight) refusing to accept the supervision and inspection of the judicial administrative organ or providing false materials to it;
(nine) serious irresponsibility, causing great losses to the legitimate rights and interests of the parties;
(ten) provide false documents or take other fraudulent means to defraud the registration;
(eleven) other circumstances stipulated by laws, regulations and rules.
Through this article, we can know that if you don't agree with the result of judicial expertise, you can complain to the judicial expertise institution where the judicial appraiser is practicing, to the municipal administrative organ where the judicial appraiser is located, or to the provincial judicial administrative organ. As long as you don't agree with the result of judicial expertise, you can complain to the judicial expertise institution.