Go to the higher-level department for appraisal!!!

Work-related injury appraisal

Should go to the appraisal agency designated by the local labor bureau. If the unit is not satisfied, it will be arbitrated by the labor bureau.

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Specifications for Forensic Authentication Documents

(Draft for Comments)

Chapter 1 General Provisions

Article 1 is formulated to standardize and unify the standards and format requirements for the production of forensic identification documents, ensure the quality of judicial identification documents, and strengthen the standardized management of forensic identification documents.

Article 2 Judicial appraisal documents are documents issued by the appraiser to express appraisal opinions after using scientific technology or professional knowledge to identify and judge the specialized issues involved in litigation in accordance with the conditions and procedures stipulated in laws, regulations and rules. The general name of the documents produced.

Article 3 Forensic appraisal documents shall be produced by appraisers with relevant professional qualifications. The production of judicial appraisal documents shall comply with laws, regulations, rules and appraisal procedures. Forensic appraisal documents shall be produced in accordance with unified and standardized format requirements. , national standard measurement units, symbols and words should be used.

Chapter 2 Classification of Forensic Appraisal Documents

Article 4 According to their different contents, forensic appraisal documents can be divided into forensic appraisal opinions and forensic appraisal inspection reports.

Article 5 Judicial Expertise Opinion (Abbreviation: "Jian")

It is the judicial expert's use of science, technology or professional knowledge to identify and judge the specialized issues involved in litigation. Written opinions provided.

Article 6: Forensic appraisal inspection report (abbreviation: "inspection")

It is a report after the judicial appraisal expert uses scientific and technical means to inspect the entrusted object (person or thing). A written report on the inspection results.

Chapter 3 Contents of Forensic Appraisal Documents

Article 7 The contents of judicial appraisal documents shall cover the entrusted matters and requirements, the appraisal materials submitted for inspection, the appraisal basis and the technical standards used. and technical means, description of the appraisal process and appraisal opinions (i.e. appraisal conclusion), description of the qualifications of the appraiser and the name of the appraisal institution, etc. Forensic appraisal documents generally consist of serial number, preface, summary of information (case), inspection process, analysis instructions, appraisal opinions, conclusion, attachments, notes and other parts.

Article 8 The number includes the abbreviation of the appraisal institution, the year, the professional abbreviation, the abbreviation of the nature of the document, and the serial number; the year and serial number are marked with Arabic numerals, and the year should be marked with the full name in hexagonal brackets "[ ] "Included, the serial number is not coded with digits (i.e. 1 is not coded as 001); for example: "XX Division Appraisal Center [20XX] Object Appraisal No. Chapter" steel seal.

Article 9 Introduction: Generally includes the entrusting unit, entrustment date, entrustment matters, appraisal objects, materials submitted for inspection, appraisal date, appraisal location, persons present, etc.

Article 10 Summary of information (case facts): It is a summary based on the case introduction, documentary materials, investigation transcripts or statements of the parties and other information provided by the client. The information summary should comprehensively and systematically reflect the true situation of the case. It should not only help explain the identification results, but also avoid taking them out of context. All excerpts of information should be cited.

Article 11 Examination process: such as describing the methods, processes and results of autopsy, human examination, analysis and examination, etc. The inspection technical standards, specifications and procedures of the country, industry, local or professional organizations should be given priority in order, and the numbers and names of the standards, specifications and procedures used should be indicated. Article 12 Analysis and explanation: Based on the above-mentioned data summary and test results, the identification opinion and its basis shall be stated. If necessary, the source of the cited theory shall be indicated.

Article 13 Appraisal opinions or inspection results: Appraisal opinions are conclusions or opinions formed based on analysis and explanation. Inspection results are objective findings after an inspection of a specific object (person or thing).

Article 14 Ending: including the name of the appraiser, technical title, document production date, and the appraisal seal (inspection seal, appraisal opinion seal) of the judicial appraisal institution, etc.

Article 15 Attachments: including drawings, photos, audio and video materials, references, etc.

Article 16 Note: The content that needs to be explained and explained in the forensic identification documents can be reflected in the form of notes. Such as explanation of appraisal opinions, etc.

Article 17 According to the different forms of judicial appraisal documents (authentication opinions, inspection reports) and the characteristics of each appraisal profession, the content columns may have corresponding changes and emphasis.

Chapter 4 Production of Judicial Identification Documents

Article 18 The production of judicial identification documents should meet the following basic requirements:

(1) Clear basic concepts , using standard and professional terminology commonly used in this industry.

The appraisal opinion should also comply with the standard requirements of legal terminology, so that non-professionals can correctly understand the appraisal opinion;

(2) The text should be concise, the wording should be accurate, the sentences should be smooth, the description should be accurate, and the appraisal opinion should be clear and unambiguous. Use ambiguous words, words, sentences and vague language;

(3) Use national standard measurement units and symbols, and the measurement units and symbols should be consistent in the same document;

(4) Use the national common language and characters that comply with the relevant norms and standards of the national common language; use Arabic numerals for numbers;

(5) Except for the date of issuance, the dates in the document use Arabic numerals.

Article 19 The paper specifications of forensic identification documents are: A4 (21×29.7cm), and the front page cover should be made of special paper for forensic identification documents in red (according to the form of the identification document, forensic identification documents, Forensic appraisal inspection report, forensic appraisal opinion letter), and use white paper as the inner core of the remaining pages.

Article 20 Judicial appraisal documents should be printed copies, and their production requirements are:

(1) Single-column printing, with 2cm left and right, top and bottom margins each (the top margin of the first page 4cm space, leaving a gutter on the left margin);

(2) Font and size:

1. Headline: No. 2 bold, centered (if used exclusively for forensic documents) The paper does not need to have a big title);

2. Numbering: No. 4 in Song Dynasty style, arranged on the right;

3. Title within the text: First-level titles in No. 3 boldface, arranged on the left , 2 words are left blank at the beginning of the paragraph; secondary titles are in size 4 boldface, and 2 words are left blank at the beginning of the paragraph;

4. Text: No. 4 imitation Song font, aligned at both ends, 2 words are left blank at the beginning of the paragraph, and the line spacing is 1.5 times the line height;

5. In-text numbering: use "一, 1," to express. If the two-level numbering is not enough, you can use "一, (一), 1, (1)" to express;

6. Header and footer: The header content includes the name of the appraisal institution (on the left) and the number (on the right). The footer content includes the address of the appraisal institution, postal code, contact number (on the left), and page number (on the right, in the form of page ×***);

7. Form: use unified three lines Tables, chart descriptions and text in the table are in size 5 imitation Song font, single-spaced, text in the table is arranged in the center, and the table is arranged in the middle;

8. Attachment: Use 4 for a line with 2 left spaces under the text. The number is marked in bold, followed by a full-width colon, and the name of the attachment is in No. 4 imitation Song font. If the attachment has a serial number, use Arabic numerals, and no punctuation marks are added after the name of the attachment; the attachment should be bound together with the forensic documents, and the top box of the first line in the upper left corner of the attachment should be marked with "Attachment". If there is a serial number, the serial number, the serial number and the name of the attachment should be marked. The front and rear logos should be unified; the attachment format is the same as the main text;

9. Use simplified Chinese characters to mark the year, month and day of the document, and write "zero" as "○";

10. If there are relevant explanatory notes for the forensic identification documents, they can be explained in the notes. The position should be in a line with the left margin under the date of issuance. Use size 4 boldface with 2 characters, followed by a full-width colon. The content of the note should be in size 4 imitation Song font. (For example, "Note: The inspection materials will be returned with the appraisal certificate.");

11. Special circumstances: When the remaining blank space after typesetting the official document cannot accommodate the seal position, the form of adjusting the line spacing can be used To solve the problem, be sure to make the ending content (including the appraiser, date of issuance, seal, etc.) and the main text on the same page, and do not use the method of marking "This page has no main text" to solve the problem.

Article 21 Forensic appraisal documents should be signed by the authenticator and stamped with the appraisal institution’s special seal. Each page of the judicial appraisal document should be stamped with a seal.

Article 22 Forensic appraisal documents should generally be made in triplicate, two of which should be stamped with the words "original" and "copy" respectively and handed over to the client; one should be filed.

Article 23 Generally, printed copies of forensic identification documents may not be modified. If there are individual typos, typos or omissions that need to be corrected, individual places can be modified, but the special "correction seal" for judicial identification documents and the seal of the authenticator should be stamped on the modified places.

Article 24 The production of judicial appraisal documents shall implement a three-level responsibility system of appraisers, reviewers, and issuers. All forensic appraisal documents (drafts and printouts) should be signed by the appraiser and reviewer, and archived appraisal documents should be signed by the issuer.

Chapter 5 Supplementary Provisions

Article 25 This specification is accompanied by forensic clinical science, forensic pathology, forensic psychiatry, forensic evidence science, forensic toxicology, and document examination. and other professional forensic appraisal opinion letters and forensic appraisal inspection report sample texts.

The production of other types of forensic opinions and forensic inspection reports can refer to the model text.

Article 26 The Ministry of Justice is responsible for the interpretation of these regulations.

Article 27 This specification shall come into effect on the date of promulgation.

General Principles of Forensic Identification Procedures

(Draft for Comments)

Chapter 1 General Provisions

Article 1 is to regulate the practice of forensic identification , to improve the quality of forensic identification, and in accordance with the "Decision of the Standing Committee of the National People's Congress on Issues Concerning the Management of Forensic Identification" (hereinafter referred to as the "Decision") and the national regulatory requirements for judicial activities and scientific and technological activities, the General Principles of this Procedure (hereinafter referred to as the General Principles) are formulated.

Article 2 The judicial appraisal referred to in these General Principles refers to the activity in which appraisers use scientific technology or professional knowledge to identify and judge the specialized issues involved in litigation activities and provide appraisal opinions in litigation activities.

Article 3: Forensic appraisal institutions referred to in these General Principles refer to those institutions that have obtained a forensic appraisal license and engage in forensic appraisal business in accordance with the "Measures for the Registration and Management of Forensic Authentication Institutions" (Ministry of Justice Order No. 95) legal person or other organization.

Article 4 The judicial appraisers referred to in these General Regulations refer to the judicial appraisers who have obtained the qualifications to practice as judicial appraisers in accordance with the "Measures for the Registration and Management of Forensic Experts" (Ministry Order No. 96 of the Ministry of Justice).

Article 5: Forensic appraisal institutions and forensic appraisers shall strictly carry out forensic appraisal activities in accordance with the scope of forensic appraisal business and practice categories approved by the registration and management authority, and shall not engage in forensic appraisal business that has not been approved by the registration and management authority.

Article 6 When conducting judicial appraisal activities, judicial appraisal institutions and forensic appraisal experts shall strictly abide by laws, regulations, rules and the provisions of these General Principles, abide by professional ethics and professional disciplines, respect science, and implement technical standards and techniques. specification.

Article 7: Forensic appraisal institutions and forensic appraisal experts shall accept the supervision of the state, society, parties and clients when conducting forensic appraisal activities.

Article 8: Forensic appraisal institutions and judicial appraisal experts independently engage in judicial appraisal activities and are protected by national law. No illegal interference by any organization or individual.

Article 9: Forensic identification shall implement avoidance, confidentiality, time limits and liability investigation systems for incorrect identification.

Chapter 2 Entrustment and Acceptance of Forensic Expertise

Article 10 Forensic appraisal institutions shall uniformly accept external entrustment of forensic appraisal in accordance with the law.

Article 11 The entrustment of judicial appraisal shall be in written form. The power of attorney should state the entrusted matters, appraisal requirements and brief case details, and the entrusted matters should be clear and specific.

The materials submitted for inspection based on the forensic appraisal shall be true, legal and complete. If the appraisal results are affected because the appraisal materials provided do not meet the requirements, the client shall be responsible.

Article 12 After receiving the letter of entrustment, the judicial appraisal agency shall review the matters entrusted by the entrusting party. For those that meet the conditions for acceptance and decide to accept the application, the judicial identification institution shall sign a "Forensic Identification Entrustment Contract" with the entrusting party (the entrustment contract format will be formulated separately). For those who do not meet the acceptance conditions and decide not to accept the application, the appraisal materials shall be returned and the reasons shall be explained to the entrusting party.

After receiving the entrustment, the judicial appraisal agency shall make a decision on whether to accept the application within 15 working days and inform the entrusting party.

Article 13 If a forensic identification institution decides to accept a judicial identification entrustment, it shall charge identification fees from the entrusting party in accordance with the law.

Article 14 Under any of the following circumstances, the judicial appraisal institution shall not accept the application:

(1) The entrustment request exceeds the business scope, technical conditions and appraisal capabilities of the judicial appraisal institution

(2) The appraisal materials do not meet the appraisal conditions or do not meet the appraisal requirements;

(3) Others do not comply with the provisions of laws, regulations, rules and these General Principles.

Article 15 Under any of the following circumstances, the judicial expert shall recuse himself:

(1) Those who have participated in the same appraisal in this case;

(2) ) is a party to this case or his close relatives;

(3) He or his close relatives have an interest in this case;

(4) He has served as a witness or investigator in this case. examiner, defender, or litigation agent;

(5) Have other relationships with the parties to the case that may affect the impartiality of the judicial appraisal.

Article 16 If a judicial authenticator proposes to withdraw on his own initiative, the decision shall be made by the judicial appraisal institution where he or she works.

The judicial expert who is requested by the client to withdraw shall do so; if the two parties have a dispute, they shall submit an application to the judicial appraisal institution and explain the reasons, and the judicial appraisal institution shall make a decision.

If the judicial appraisal institution decides that the forensic appraisal person will not recuse himself or herself, the entrusting party may apply to the judicial appraisal institution for reconsideration or to revoke the authentication entrustment.

Chapter 3 Implementation of Forensic Appraisal

Article 17 After the judicial appraisal agency accepts the entrustment, the entrusted or designated judicial authenticator shall complete the appraisal of the entrusted matters. When necessary, the judicial appraiser may also be randomly selected by the client from the list of appraisers of the appraisal institution.

Article 18 Forensic appraisal institutions and forensic appraisers shall properly keep appraisal materials. If the inspection materials are exhausted or damaged due to the need for identification, it shall be explained to the entrusting party and the written consent of the entrusting party shall be obtained.

Article 19: Gynecological examination must be conducted by a female judicial expert. When there is no female forensic evaluator, a female staff member must be present.

Article 20 A guardian shall be present during the examination of minors.

Article 21 During on-site inspection and autopsy, the client shall be notified to be present and sign on the inspection and autopsy records.

Article 22 The judicial appraiser shall make real-time records of the appraisal process (including audio, video, pictures, etc.).

The recorded content should be objective, accurate, complete, clear, and properly preserved.

Article 23: Forensic appraisal institutions shall carry out effective value calibration or performance testing of the instruments and equipment used for appraisal in accordance with national regulations to ensure the accuracy and reliability of the test results.

Article 24: Forensic appraisal institutions should give priority to adopting national standards and industry standards.

If there are no national standards or industry standards, technical specifications and other methods promulgated by the competent authorities or self-made methods by the institution can be used. If other methods or methods produced by the institution are used, they must be reviewed by experts and confirmed by the judicial appraisal institution where they are located.

Article 25 The same judicial appraisal matter shall be appraised simultaneously by two or more judicial appraisers (excluding reviewers) and shall sign on the appraisal document. The first appraiser shall bear primary responsibility for the appraisal opinion, and other judicial appraisers shall bear corresponding responsibilities.

Article 26 The judicial appraisal opinion shall be reviewed by a senior judicial appraiser within the institution who has the qualifications for senior technical positions in the profession or is higher than the qualifications for the professional and technical positions of the appraiser. The reviewer shall bear joint and several liability for the appraisal opinion.

Article 27 With the consent of the entrusting party, a judicial appraisal institution may organize a consultation for complex and difficult cases within the scope of practice of the institution, and the appraisal opinion shall be provided by the judicial expert of the judicial appraisal institution that organizes the consultation. Produced and responsible. The expert opinions of the review shall be truthfully recorded.

Article 28 If there are omissions in the original appraisal items or if additional appraisal items need to be added, the judicial appraisal institution may be entrusted to conduct supplementary appraisals.

The supplementary identification document is an integral part of the original judicial identification document.

Article 29 If there is any objection to the original identification opinion, the judicial identification agency may be entrusted to conduct a re-identification.

Article 30 The provisions of the initial appraisal shall apply to other matters of supplementary appraisal and re-appraisal.

Article 31 Forensic appraisal documents shall be issued within 15 working days from the date of acceptance. The appraisal time limit for complex and difficult cases can be extended to 30 working days. The time limit for forensic psychiatric evaluation can be extended appropriately and should be completed within 60 working days from the date of acceptance.

The time required to supplement identification materials during the identification process is not included in the identification time limit.

If the client and the appraiser agree on a time limit for the appraisal, the agreement shall prevail.

Article 32 If any of the following circumstances occurs during the appraisal process, the appraisal shall be terminated and the materials submitted for appraisal shall be returned.

(1) The appraisal materials are found to be untrue or incomplete;

(2) The client requests to terminate the appraisal;

(3) Supplements are really needed The appraisal materials cannot be supplemented;

(4) Discover technical problems that are difficult to solve;

(5) Force majeure occurs and the appraisal cannot continue.

Article 33 When terminating the appraisal, the judicial appraisal agency shall return the appraisal materials and explain the reasons to the client.

Article 34: Judicial appraisers shall keep state secrets, business secrets, scientific and technological secrets and personal privacy that they learn during their appraisal practice activities in accordance with the law.

Article 35 After the forensic appraisal is completed, if the client raises questions about the appraisal process or appraisal opinions, the judicial appraisal expert shall provide necessary explanations and explanations.

Chapter 4 Issuance of Forensic Expertise Documents

Article 36 Forensic appraisal documents are written expressions (including text, data, charts, etc.) that reflect the judicial appraisal process and forensic appraisal results. and photos, etc.). Forensic appraisal documents are divided into forensic appraisal opinions and forensic appraisal inspection reports.

Article 37 The forensic appraisal institution shall complete the appraisal work within the prescribed appraisal period and issue judicial appraisal documents.

Article 38 The judicial appraiser and reviewer shall sign on the judicial appraisal document and indicate the qualifications or technical titles for professional and technical positions.

Article 39: Forensic identification documents shall be issued by the person in charge of the business of the judicial identification institution or the person authorized by him to issue the document.

Article 40 The production of forensic identification documents shall comply with the relevant requirements of the judicial identification document specifications. Forensic identification documents should be written in languages ??commonly used throughout the country; in ethnic autonomous areas, according to the request of the client, texts in national languages ??commonly used in the local area may be produced.

Article 41: Forensic appraisal documents shall be made in triplicate, two of which shall be handed over to the client and one shall be archived by the judicial appraisal institution.

Article 42: If the forensic identification document has any of the following circumstances, the client has the right to request the judicial identification institution to re-produce or correct the forensic identification document:

(1) Does not meet the requirements

(2) The identification document contains missing words, typos, typos and other clerical errors;

(3) It does not meet the requirements of the contract; < /p>

(4) There are other obvious errors.

Article 43 After completing the appraisal work, the judicial appraiser shall organize and archive the relevant materials generated during the appraisal process.

Chapter 5 Appearance of Appraisers

Article 44 Judicial appraisers shall appear in court on time as required by the judicial authorities.

Article 45 When a judicial expert appears in court, he or she shall produce valid certificates as required by the court.

Article 46 When a judicial expert appears in court to make statements, accept questioning and cross-examination, he shall objectively, fairly and realistically explain the relevant circumstances of the judicial appraisal and answer questions related to the judicial appraisal opinions issued.

Article 47 When a judicial authenticator appears in court for questioning and cross-examination, the party notifying or applying for the judicial authenticator's appearance in court for cross-examination may charge relevant fees in accordance with relevant regulations.

Chapter 6 Legal Responsibilities

Article 48 If a judicial appraisal institution or judicial appraisal person violates the relevant provisions of these General Principles, the judicial administrative agency shall, in accordance with the "Decision" and the "Forensic Authentication Institution Investigation and handling of the "Registration and Management Measures" and the "Registration and Management Measures for Forensic Authentication".

Those who violate legal provisions will bear corresponding civil or criminal liability.

Article 49 If judicial appraisal institutions and judicial appraisal experts have objections to the administrative penalties imposed by judicial administrative organs, they may apply for reconsideration in accordance with the law.

Chapter 7 Supplementary Provisions

Article 50 These General Rules are general rules for the implementation of forensic identification. Each forensic identification profession may formulate detailed implementation rules based on these General Rules and the special requirements of this profession. .

Article 51 The Ministry of Justice is responsible for the interpretation of these General Rules.

Article 52 These General Rules shall come into effect on the day of the year.

You first collect relevant evidence that proves you are right or that is beneficial to you,

and then actively cooperate with the corresponding investigations conducted by the judicial authorities.

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If the unit is not satisfied with the appraisal results, it will not simply send you an email, but you will have to re-appraise it. .Because the unit does not have the right to deny the appraisal results, but must apply to the superior department of the appraisal agency for re-appraisal. You must clearly distinguish the primary and secondary status, and do not let the unit scare you. If it is in the labor arbitration stage or At the court stage, you must also submit a re-appraisal application to the Labor Arbitration Court and the People's Court. These are the work of the unit, not you. You only need to wait for notification from the Labor Bureau or the court.

What kind of appraisal? Let’s be clear about it

Why should we deal with it?

If the unit is not convinced, let it apply for re-appraisal.

You only listen to the state agencies.