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

to the appraisal made by the expert committee.

　　Article 24 The reviewing appraisal may be made if there is one of the following conditions:

　　(1) the department for public security and justice being not satisfied with the conclusion of initial appraisal;

　　(2) the party being not satisfied with the conclusion of initial appraisal made by the appraising organ of the department for public security and justice and applying for the reviewing appraisal;

　　(3) one party being not satisfied with the conclusion of initial appraisal provided by the other party and applying for the reviewing appraisal.

　　Article 25 The reviewing appraisal shall be made with the entrustment of the department for public security and justice.

　　If the applicant is not satisfied with the initial appraisal, he may apply to the organ dealing with the case in writing for the reviewing appraisal.

　　If the organ dealing with the case decides not to accept the application for the reviewing appraisal after an examination, it shall give written reply to the applicant and explain the reasons.

　　If laws, regulations or relevant provisions of the State have special provisions to (on) the choice of the appraising organ, these provisions shall be observed (prevail ).

　　Article 26 The expert appraiser in the expert committee shall be the professional who accords with legal practicing conditions, has the recognized higher profession level and public credit in his professional field, and be employed (appointed) by the municipal work committee for judicial appraisal field, and be employed (appointed) by the municipal work committee for judicial appraisal with his own application and the recommendation of the competent department for industry.(对本段修改如下)

　　The expert appraisers in the expert committee shall meet with the legal vocation standards, and their professionalism and credibility shall have won public recognition. Based on the application of the expert appraiser himself and the recommendation of competent department for industry, the expert appraiser may be appointed by the municipal working committee for judicial appraisal.

　

　The municipal working committee for judicial appraisal shall proclaim （publicize）the name list of the employed (appointed) expert appraisers periodically.

　　Article 27 After accepting the entrustment for appraisal, the expert committee shall assign more than three expert appraisers to review the appraisal, and tell the name list of the expert appraisers to the applicant in time ( and inform the applicant of the names of the expert appraisers in time).

　　If the expert appraiser has different opinions to the appraising conclusions, these opinions shall be recorded on file.

　　Article 28 If relevant departments are not satisfied with the reviewing appraisal, they may refer (the appraisal) (添加) to the appraising organ of their superior department for appraisal (删除) or entrust the appraising organ outside this city to make the appraisal, but shall not organize the appraising organ in this city to make the appraisal additionally.

　　Chapter Ⅴ The Appraising Materials, Report an（and） Fees

　　Article 29 If the appraisal needs to wear off the checked materials (If it is unavoidable for the appraisal to wear off the checked materials), the appraiser shall obtain the consent of the party submitting the appraising materials. If the appraisal needs to wear out the checked materials or damage the original　(If it is unavoidable for the appraisal to wear off the checked materials or damage the original), the appraisal shall obtain the written consent of the party submitting the appraising materials.

　　Article 30 The appraising organ shall set up the registration and transference system of the appraising materials, and set up the file for judicial appraisal to take good care of the appraising materials and data.

　　Article 31 The appraising report shall expressly record the date when the appraisal is accepted, the consigner, name of the case, conditions of the appraising materials, appraising requirements, appraising conclusions or opinions, the appraiser and other contents that shall be concluded (included).

　　Article 32 The judicial appraiser shall sign and affix the (删除) seal behind（after）the main body of the appraising report, and affix the special seal for judicial appraisal of the appraising organ at the same time.

　　The appraising report shall be invalid if there is one of the following conditions:

　　(1) the appraising organ or the appraiser failing to accord with legal conditions or qualities;

　　(2) the appraising procedures being illegal;

　　(3) the appraiser failing to withdraw though he shall withdraw (should have withdrawn);

　　(4) the appraiser failing to sign or the appraising organ failing to affix the special seal for appraisal.

　　Article 33 The standard of the collected appraising fees shall be determined and publicized by the administrative department for price according to law.

　　The appraisal in the criminal part of the lawsuit of public prosecution and the appraisal decided by the department for justice itself and conducted by its appraising organ shall not be collected the fees.

　　Chapter Ⅵ Legal Responsibilities

　　Article 34 If the social appraising organ violate the provisions of Article 12 of these regulations to undertake the illegal appraisal (If any social appraising organ violates Article 12 of the Regulations hereby and undertakes illegal appraisal), the municipal administrative department for justice shall confiscate the illegal gains and impose a fine of more than 30,000 yuan but less than 50,000 yuan.

　　If the （any）social appraising organ violates other provisions of these regulations (the Regulations hereby) in the activities of judicial appraisal, the municipal administrative department for justice shall serve a warning to it and order it to stop business for rectification; In case of serious offenses, the registration department may revoke the license of the social apprai

sing organ according to law.

　　Article 35 If the party violates the provisions of the first paragraph of Article 14 of these regulations, failing to acquire the legal qualification to undertake the appraising work, the unit that the party belongs to shall give administrative punishment to the party and relevant persons liable (to the concerned liable person). If the party violates the provisions of the second paragraph of Article 14 of these regulations, failing to acquire the legal qualification to undertake the appraising work, the municipal administrative department for justice shall confiscate the illegal gains and impose a fine of more than 5,000 yuan but less than 10,000 yuan to the appraising organ that the party belongs to.

　　Article 36 If violating these regulations in the judicial appraisal, the judicial appraiser shall be punished according to the conditions:

　　(1) If the appraiser is a state functionary, the unit that he belongs to may give administrative punishment to him;

　　(2) If the appraiser is an employee of the social appraising organ, the competent department of the industry or the municipal administrative department for justice may serve a warning and order him to stop business for more than 3 months but less than 12 months; In case of serious offense, the department endowing the qualification may cancel his qualification of the appraiser or judicial appraiser;

　　(3) If the appraiser is a member of the expert committee, he may be dismissed by the municipal work committee for judicial appraisal.

　　Article 37 If the appraiser in the appraising organ of the department for public security and justice made the mistaken appraising conclusion intentionally or through gross negligence and caused the state compensation, relevant departments shall claim compensation from the persons liable for the mistaken appraisal according to law.

　　If other judicial appraisers made the mistaken appraising conclusions through negligence and caused losses to the parties, they shall give (make) compensation according to law.

　　Article 38 If the working staff in the administrative department for justice or relevant departments neglect their duties or act illegally for personal gains in the administration of judicial appraisal, the unit that they belong to or the superior competent department shall give administrative punishments to them.

　　Article 39 If the appraisers or other people violate the provisions of the laws in the activities of judicial appraisal, and the circumstances are serious enough to constitute crimes, the judicial department shall prosecute their criminal responsibilities.

　　Chapter Ⅶ Supplementary Provisions

　　Article 40 The appraising activities in the arbitration and administrative enforcement of laws shall consult these regulations (be implemented in accordance with the Regulations hereby).

　　Article 41 The municipal government may enact the implementing rules according to these regulations.

　　Article 42 These regulations shall go into effect as of October 1,2001

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