Current location - Quotes Website - Signature design - Regulations of Anshan Municipality on the Valuation of Stolen Goods and Confiscated Goods
Regulations of Anshan Municipality on the Valuation of Stolen Goods and Confiscated Goods
Article 1 In order to timely, accurately and fairly evaluate stolen goods and confiscated goods, safeguard state property, protect the legitimate rights and interests of citizens, legal persons and other organizations, and provide a basis for administrative organs and judicial organs to try cases and make compensation, these Regulations are formulated in accordance with the provisions of relevant state laws and regulations and the actual situation of this Municipality. Article 2 These Regulations shall apply to the appraisal of stolen goods and confiscated goods involved by administrative law enforcement organs and judicial organs at all levels within their respective administrative areas.

The overdue ownerless property, insurance claims and disputed property that units and individuals need to assess within their respective administrative areas may be implemented with reference to these regulations. Article 3 The term "stolen goods" as mentioned in these Regulations refers to the public and private property occupied by various illegal and criminal acts; Confiscated property refers to the confiscation, punishment and sold property involved in all kinds of illegal acts investigated and dealt with by administrative law enforcement organs, judicial organs and state economic management departments according to law; Expired ownerless property refers to the property that is unclaimed by transportation, postal services and other departments within the prescribed period and needs to be sold according to law; Insurance claim refers to the public and private property that needs to be entrusted unilaterally by the insurance department or disputed or not recognized by the insured; The disputed property refers to the property damaged, mortgaged, sold, retained and compensated in civil, criminal, economic, administrative cases and compensation cases. Fourth city and county (city) price management authority is the competent department of valuation.

City, county (city) price office is responsible for the valuation of stolen goods and confiscated goods. The appraisal documents issued by the price firm according to law have legal effect, which can be used as the factual basis for administrative organs and judicial organs to hear various cases and as the reference reserve price for public auction of goods. Article 5 Units and individuals that entrust a price firm to evaluate commodities shall fill in the evaluation power of attorney uniformly printed by the price management authority and provide relevant materials as required. Article 6 Where a price firm is entrusted for evaluation, the following provisions shall apply:

(a) criminal cases, administrative punishment cases and compensation cases filed for investigation shall be entrusted by the case-handling organ.

(2) Civil, economic, administrative and enforcement cases are entrusted by the people's courts.

(3) Laws and regulations authorize relevant institutions to accept arbitration cases, which are entrusted by the accepting institutions.

(four) expired ownerless property entrusted to the custody of the department or unit.

(5) Insurance claims shall be handled by the price firm entrusted by the insurance department.

(six) property compensation for accident damage shall be entrusted by the organ, unit or party responsible for handling.

(7) Property appraisal that does not fall within the above scope shall be directly entrusted by the parties concerned. Article 7 After accepting the entrustment, a price firm shall form an evaluation team of three or more persons to carry out its work. Generally, the appraisal conclusion should be made within seven days; Unless otherwise agreed by both parties.

After the goods are appraised, an appraisal certificate shall be issued, and if necessary, an explanation of the appraisal certificate shall be issued, which shall be signed by the appraiser and stamped with the special official seal for appraisal. Article 8 The price of the appraised goods shall be determined according to the following circumstances:

(a) all kinds of appraisal items, which belong to the national price, shall be calculated according to the national price; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit or pricing method; If it is a market-adjusted price, it shall be calculated according to the market median price.

(two) the valuation of cultural relics, gold and silver, jewelry, securities and imported goods. , according to the relevant provisions of the state.

(three) the destroyed items are calculated at the actual price.

(4) Unless otherwise stipulated by the state, articles in transit shall be calculated according to the current market price at the place of shipment plus reasonable transportation and miscellaneous fees.

(five) the need for depreciation, in accordance with state regulations and the actual degree of use and reference to the market price level.

(6) Accidentally damaged articles shall be calculated according to the reconstruction or repair value unless otherwise stipulated by the state or the contract.

(seven) the property sold according to law shall be calculated by converting the actual value into the local market price.

When the price firm needs to carry out quality and technical appraisal of the appraisal object, it shall entrust the relevant departments to carry out re-appraisal. Article 9 The prices of appraised articles in these Regulations shall be denominated in RMB. Article 10 In the process of handling cases and handling compensation, if the entrusting party believes that the appraisal institution should explain the appraisal conclusion in person because of the need of handling cases, it shall notify the appraisal institution three days in advance. Eleventh price firms should be equipped with full-time appraisers. Full-time appraisers are trained by the municipal price management department, and can only engage in appraisal work after passing the examination. Price firms can hire professionals from relevant departments to participate in the evaluation according to the needs of the evaluation. Twelfth entrusted property appraisal parties have the right to apply for the withdrawal of the appraiser who has an interest in the case. Whether to avoid it is up to the price company. Article 13 For the appraisal of stolen goods, the entrusting party shall be charged an appraisal fee of 65,438+0%-3% of the total appraisal amount according to the value of the appraised goods.

Valuation and charging standards for confiscated property, expired ownerless property, insurance claims and disputed property shall be implemented in accordance with relevant national standards. Fourteenth price firms with the "license fee", the use of unified billing bills, accept the supervision of the relevant departments. Article 15 The client shall pay the appraisal fee in the following ways:

(a) the appraisal fee for stolen goods, confiscated goods and the goods sold shall be paid by the entrusting organ from the funds for handling cases.

(2) If the appraisal fees of disputed property and property involved in administrative litigation cases belong to litigation and arbitration, the parties shall pay them in advance, and the judicial organs and arbitration organs shall handle them according to the provisions of litigation fees and arbitration fees; Commissioned by the parties, paid directly by the parties.

(three) the appraisal fee of overdue ownerless property shall be collected by the departments and units that keep the property on their behalf in the treatment of overdue ownerless property income.

(four) the appraisal fees paid by enterprises and institutions shall be handled according to the accounting system.