深圳市司法鉴定条例 Regulations of Shenzhen Municipality on Judicial Appraisal

(Adopted at the Fifth meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on February 23, 2001. Ratified at the Twenty-sixth meeting of the Standing Committee of the Ninth Guangdong Provincial People's Congress on May 31, 2001.)
颁布日期：20010722 　实施日期：20011001 　颁布单位：深圳市人大常委会

　　Chapter Ⅰ General Provisions

　　Article 1 In order to normalize the activities of judicial appraisal, protect the parties’ lawful rights and interests, guarantee the impartiality of judicial activities, these regulations are formulated in accordance with the provisions of relevant laws and administrative regulations as well as the actual circumstances of Shenzhen Municipality.

　　Article 2 “Judicial appraisal” in these regulations refers to the activity that the judicial appraiser makes a technical appraisal and judge to relevant evidences involving the case. （activities of technical appraisal and judge that the judicial appraiser makes to relevant evidences involving the case）

　　Article 3 The judicial appraisal shall follow the principles of scientificalness, objectiveness, impartiality, timeliness and legitimacy.

　　Article 4 The judicial appraisal shall exercise the system of withdrawal, secrecy and investigation for the mistaken appraisal。

　　Article 5 The people’s court, the people’s procuratorate and the department for public security (hereinafter referred to the department for public security and justice) are responsible for administering the appraising work of the judicial appraising organs that are set up within the departments.

　　The municipal administrative department for justice shall be responsible for guiding and administering the judicial appraising work serving the society.

　　Article 6 The judicial appraiser shall carry out the judicial appraisal independently according to law and shall not be intervened by any organs or individuals.

　　Article 7 The municipal working committee for judicial appraisal shall be set up which consists of the persons in charge of the municipal people’s government and its relevant departments, the municipal intermediate people’s court, the municipal people’s procuratorate as well as other relevant departments.

　　The municipal working committee for judicial appraisal shall be responsible for guiding, supervising and harmonizing the judicial appraising work.

　　The municipal administrative department for justice shall be responsible for the daily work of the municipal working committee for judicial appraisal.

　　Article 8 The municipal expert committee of judicial appraisal (hereinafter referred to as the expert committee) shall be set up. It shall employ some experts to be the appraisers who are responsible for reviewing the appraisal of this municipality.

　　The member of the expert committee shall be the part-time expert（ part-time experts）.

　　Article 9 The municipal people’s government and judicial department shall attach importance to and obey the reform of the judicial appraisal system and gradually realize the unificationary and normative administration of the judicial appraising work.

　　Chapter Ⅱ The Judicial Appraising Organs and Appraisers

　　Article 10 “The judicial appraising organs” referred to in these regulations include the appraising organs set up within the department for public security and justice (hereinafter referred to as the appraising organs of the department for public security and justice), the expert committee and other appraising organs set up according to law (hereinafter referred to as the social appraising organs).

　　“The judicial appraisers” referred to in these regulations include the appraisers in the appraising organs of the department for public security and justice, the expert appraiser in the expert committee and the appraisers in the social appraising organs.

　　Article 11 The appraisin

g organs of the department for public security and justice shall carry out （assume）the judicial appraisal within their respective powers and duties according to law.

　　Article 12 Only having gone through the registration formalities according to laws, regulations and relevant provisions of the State, may the social appraising organs undertake the activities of judicial appraisal.

　　The social appraising organs shall undertake the business of judicial appraisal within the range of registration.

　　Article 13 The municipal judicial appraising center shall be set up according to (in the light of ) necessity, which uniformly undertakes the judicial appraising business of the appraising organs of the department for public security and justice, and may provide the judicial appraising service for the society.

　　Article 14 The judicial appraiser in the appraising organ of the department for public security and justice shall have the corresponding quality for the technology and appraiser. The department for public security and justice may employ other person with professional knowledge to be the appraiser.

　　Only after according with the conditions determined by the competent department of the industry and the judicial appraising organ and acquiring the quality according to the laws, regulations and relevant provisions of the State, the judicial appraiser in the social appraising organ may undertake the business of judicial appraisal.

　　Article 15 The judicial appraiser shall enjoy the following rights:

　　(1) to require the consigner to provide the needed materials for appraisal without consideration;

　　(2) to know the needed materials of the case for appraisal, and to inquire the party and the witness if it is necessary;

　　(3) to refuse to accept the appraising entrustment which is illegal, does/t （doesn`t）accord with the appraising conditions or exceeds the appraising ability of himself;

　　(4) the reserve the opinions different from other appraisers;改为To reserve the opinions different from other appraisers;

　　(5) other rights enjoyed according to law.

　　Article 16 The judicial appraiser shall perform the following obligations:

　　(1) to follow the principle of taking facts as the basis and to observe the professional ethics and operating norms;

　　(2) to appear in court;

　　(3) to take good care of the appraising materials;

　　(4) to withdraw according to law;

　　(5) to keep the state secrets, business secrets and personal privacy;

　　(6) other obligations that shall（should）be performed according to law.

　　Article 17 The judicial appraiser shall (should)withdraw if there is one of the following conditions:

　　(1) being the party of this case or near relative of the party;

　　(2) having interests with this case;

　　(3) having been the investigation officer, prosecuting officer, judge, witness, defender or law agent;

　　(4) having other relations with this case which may affect the just (justness) of the appraisal.

　　Chapter Ⅲ The Initial Appraisal

　　Article 18 “Initial appraisal” in these regulations refers to the judicial appraisal made before it is submitted to the expert committee.

　　Article 19 Whether to carry out the initial appraisal during the lawsuit shall be decided by the department for public security and justice. The party may apply to the department for public security and justice for initial appraisal. With the consent of the department for public security and justice, the party may entrust the social appraising organ to carry out the initial appraisal.

　　Article 20 The application for the appraisal shall accord with the following conditions:

　　(1) the applicant according with the legal conditions;

　　(2) the materials sent for appraisal according with the appraising conditions and requirements;

　

　(3) the program that the applicant applies for appraisal being within the range of the case and the powers and duties of the accepting organ;

　　(4) the program that the applicant applies for appraisal being not prohibited or restricted by laws, regulations and relevant provisions of the state;

　　(5) Other conditions provided in laws and regulations.

　　Article 21 The appraising organ may decide to terminate the appraisal if there is one of the following conditions:

　　(1) the party who submits the appraising documents requiring to terminate the appraisal;

　　(2) the party who submits the appraising documents failing to provide the relevant necessary materials needed for the appraisal;

　　(3) meeting the technical problems unable to solve by the organ during the appraisal.

　　If the appraising organ decides to terminate the appraisal, it shall give written reasons to the applicant.

　　“The party submitting the appraising materials” in these regulations refers to the organization or individual that holds and provides the appraising materials to the appraising organ.

　　Article 22 The original appraising organ shall reorganize the appraisal if there is one of the following conditions:

　　(1) the appraiser failing to accord with the legal qualification;

　　(2) the submitted materials being inconsistent with the facts;

　　(3) the appraiser making the false appraisal intentionally;

　　(4) the appraiser failing to withdraw though he shall (should)withdraw;

　　(5) other conditions that may affect the objectivity and truth of the appraising conclusions.

　　Chapter Ⅳ The Reviewing Appraisal

　　Article 23 “The reviewing appraisal” in these regulation refers

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