How can I Become an Appraiser?

Judicial appraisers obtain appraisers' professional qualification certificates and appraisal practice certificates in accordance with the law. They are assigned or hired by the judicial authorities to use expertise and science and technology to identify and judge certain specialized issues involved in litigation, arbitration and other activities. Natural person. The appraiser implements a system of vocational qualification certificates and a practice certificate system. The appraiser shall engage in appraisal business within the scope of business permitted by law. The appraiser is an important participant in the litigation. The practice of the appraiser is to evade, maintain confidentiality, time limit and investigate the wrong accountability system. After the appraiser conducts the appraisal, he shall write the appraisal conclusion and sign it. If an appraiser deliberately makes a false appraisal or causes serious consequences due to dereliction of duty and constitutes a crime, he shall be investigated for criminal responsibility according to law; if it has not constituted a crime, he shall bear the corresponding legal responsibility. ^[1]

Forensic expert

Chapter 1 General Rules of Forensic Experts

Article 1 In order to strengthen the management of judicial appraisers, standardize judicial appraisal activities, establish a unified judicial appraisal management system, meet the litigation needs of judicial organs and citizens, organizations, protect the litigant rights of parties, and promote judicial justice and efficiency. The Decision of the Standing Committee of the People's Congress on the Administration of Judicial Expertise and other relevant laws and regulations formulated these Measures.

Article 2 These Measures shall apply to judicial appraisal services provided in Article 2 of the Decision of the Standing Committee of the National People's Congress on the Administration of Judicial Appraisal.

Article 3 The judicial appraiser as mentioned in these Measures refers to a person who uses science and technology or specialized knowledge to identify and judge specific issues involved in a lawsuit, and to provide appraisal opinions.

Judicial appraisers shall meet the conditions stipulated in these Measures, be examined and registered by the provincial judicial administrative organs, obtain a "Judicial Appraiser Practice Certificate", and engage in judicial appraisal business according to the registered judicial appraisal practice categories.

Forensic experts shall practise in a judicial appraisal agency.

Article 4 The judicial appraisal management implements a management system that combines administrative management with industry management.

The judicial administrative organs guide, manage, supervise, and inspect judicial appraisers and their professional activities, and judicial appraisal industry associations conduct self-discipline management in accordance with law.

Article 5 The nationwide unified system of judicial appraisal and judicial appraisers' examination and registration, establishment of lists and announcement of lists.

Article 6 Judicial appraisers shall conduct judicial appraisal activities scientifically, objectively, independently, and impartially, abide by the provisions of laws and regulations, abide by professional ethics and discipline, and abide by the norms of judicial appraisal management.

Article 7 The judicial appraisers practice a system of avoidance, confidentiality, time limit, and accountability for misidentification.

Chapter 2 Competent Authorities

Article 8 The Ministry of Justice is responsible for the registration and management of judicial appraisers across the country and performs the following duties in accordance with law:

(1) To guide and supervise the work of review and registration of judicial appraisers by the provincial judicial administrative organs, the preparation of the roster and the announcement of the roster;

(2) Formulating the practice rules and professional ethics and professional discipline standards of judicial appraisers;

(3) to formulate a system for assessing the integrity of judicial appraisers and guide its implementation;

(4) in conjunction with the relevant departments of the State Council, formulate standards and measures for the evaluation and employment of professional and technical titles of judicial appraisers;

(5) To formulate and issue plans for continuing education of judicial appraisers and guide their implementation;

(6) Other duties prescribed by laws and regulations.

Article 9 Provincial judicial administrative agencies are responsible for the registration and management of judicial appraisers in their respective administrative areas, and perform the following duties according to law:

(1) Responsible for the review and registration of the judicial appraisers, the preparation of the roster and the announcement of the roster;

(2) Responsible for assessing the integrity of judicial appraisers;

(3) Supervising and inspecting judicial appraisers;

(4) Responsible for investigating and handling the illegal and disciplinary practice of judicial appraisers;

(5) Organizing the evaluation and appointment of professional and technical titles of judicial appraisers;

(6) Organizing judicial appraisers to participate in pre-post training and continuing education in judicial appraisal;

(7) Other duties prescribed by laws, regulations and rules.

Article 10 The judicial administrative organs at the provincial level may entrust judicial administrative organs at the next lower level to assist in the relevant work stipulated in Article 9 of these Measures.

Forensic Experts Chapter III Registration of Practice

Article 11 The registration items of judicial appraisers include: name, gender, date of birth, education, professional and technical titles or industry qualifications, practice categories, practice institutions, etc.

Article 12 An individual applying for judicial identification shall meet the following requirements:

(1) Citizens who uphold the Constitution of the People's Republic of China, abide by laws, regulations and social morality, and have good morals;

(2) Have relevant senior professional and technical titles; or have relevant industry practice qualifications or a bachelor's degree or above in a related major of a college or university and have engaged in related work for more than five years;

(3) Those who apply for the experience appraisal or skill appraisal forensic appraisal business shall have more than ten years of relevant professional work experience and strong professional skills;

(4) For the forensic appraisal business to which the application is applied, if there are special regulations in the industry, they shall meet the industry regulations;

(5) The institution to be practised has obtained or is applying for the Judicial Expertise Permit;

(6) Good health, able to meet the needs of forensic work.

Article 13: Under any of the following circumstances, no application for judicial appraisal shall be made:

(1) Having received criminal punishment for an intentional crime or a crime of duty;

(2) Having been dismissed from public office;

(3) The registration of the judicial appraiser is cancelled by the judicial administrative organ;

(4) The judicial appraisal institution where it is located is punished for suspension of business and the penalty period has not expired;

(5) having no capacity for civil conduct or limited capacity for conduct;

(6) Other circumstances stipulated by laws, regulations and rules.

Article 14 An individual applying for judicial appraisal shall submit the following materials to the judicial administrative organ by the judicial appraisal agency to be practised:

(1) Application form;

(2) Identification materials such as identity cards, professional and technical titles, industry qualifications, academic qualifications, relevant qualifications that meet the requirements of special industries, relevant professional work experience, professional and technical level evaluation, and business results;

(3) Other materials that should be submitted.

Individuals engaged in judicial appraisal business on a part-time basis shall comply with the provisions of laws and regulations, and provide written opinions that the unit agrees to engage in judicial appraisal business on a part-time basis.

Article 15 The procedures and deadlines for the review and registration of judicial appraisers shall be handled in accordance with the relevant provisions of the review and registration of judicial appraisal agencies in the Measures for the Administration of Registration of Judicial Appraisal Institutions.

Article 16 If it meets the requirements after examination, the provincial judicial administrative organ shall make a decision to grant practice and issue a "Practitioner's License for Judicial Expertise"; if it fails to meet the conditions, make a decision not to register, and notify the judicial appraisal institution where it is located Explain why.

Article 17 The "Practice Certificate of Judicial Experts" shall be uniformly produced by the Ministry of Justice. The "Judicial Appraiser's Practice Certificate" is a practice certificate for judicial appraisers.

The term of use of the "Judicial Appraisal License" is five years, calculated from the date of issue.

The "Practice Certificate of Judicial Expertise" shall specify the following:

(1) name;

(B) gender;

(3) ID card number;

(4) professional and technical titles;

(5) industry qualifications;

(6) Type of practice;

(7) practicing institutions;

(8) the period of use;

(9) Issuing authority and time;

(10) Certificate number.

Article 18 If a judicial appraiser requests a change in the relevant registration items, he shall promptly submit an application for change registration and related materials to the judicial administrative organ that was originally responsible for registration through the judicial appraisal institution where he is located. After examination and compliance with the provisions of these measures, the judicial administrative organ shall handle the matter in accordance with the law Change of registration procedures.

Article 19: After the expiry of the period of use of the Judicial Experts License, it is necessary to continue practicing after the expiry of the period of use, the judicial appraiser shall pass the judicial appraisal institution in which it is located, and submit an application for renewal to the former judicial administrative agency responsible for registration Review and handle according to law. The conditions for continuation of the application and the materials to be submitted shall be implemented in accordance with the provisions of Articles 12, 13, 13, 14 and 15 of these Measures.

For judicial appraisers who do not apply for renewal, after the expiry of the term of use of the Judicial Appraisal License, the judicial administrative organ that was originally responsible for registration shall go through the procedures for cancellation of registration.

Article 20 If a judicial appraiser is under any of the following circumstances, the judicial administrative organ that was originally responsible for registration shall go through the procedures for cancellation of registration in accordance with law:

(1) applying for termination of judicial appraisal activities according to law;

(2) where the judicial appraisal institution where it is located is cancelled or revoked;

(3) Those who have not applied for renewal after the expiry of the term of the "Practice Certificate of Judicial Expertise";

(4) Other circumstances stipulated by laws and regulations.

Chapter 4 Rights and Obligations of Forensic Experts

Article 21 Forensic experts have the following rights:

(1) Understand and consult the information and materials related to the appraisal matters, and ask the parties and witnesses related to the appraisal matters;

(2) Requesting the appraisal client to provide the appraisal materials and samples required for appraisal at no cost;

(3) Inspection, inspection and simulation experiments necessary for the appraisal;

(4) Refusing to accept an authentication commission that is illegal, does not have the qualifications, or exceeds the registered practice category;

(5) Refusing to solve and answer questions not related to the appraisal;

(6) when the opinions of appraisal are inconsistent, different opinions shall be retained;

(7) Receive pre-job training and continuing education;

(8) obtaining legal remuneration;

(9) Other rights provided by laws and regulations.

Article 22 Judicial appraisers shall perform the following obligations:

(1) Assigned by the judicial appraisal institution to complete the appraisal work independently and issue appraisal opinions;

(2) Responsible for appraisal opinions;

(3) Avoidance according to law;

(4) Properly keeping the appraisal materials, samples and materials for reference;

(5) to keep state secrets, business secrets and personal privacy known in the practice activities;

(6) to testify in court according to law and answer questions related to appraisal;

(7) Consciously accept the management, supervision and inspection of the judicial administrative organs;

(8) Participating in pre-post training and continuing education for judicial appraisal;

(9) Other obligations provided by laws and regulations.

Forensic Experts Chapter V Supervision and Management

Article 23 Judicial appraisers shall accept the supervision and inspection of the judicial appraisal agency at the judicial appraisal institution where they are located.

Article 24 The judicial administrative organ shall supervise and inspect judicial appraisers on the following matters:

(1) Compliance with laws, regulations and rules;

(2) Compliance with judicial identification procedures, technical standards, and technical operation specifications;

(3) Compliance with professional rules, professional ethics and professional disciplines;

(4) Compliance with the internal management system of the judicial appraisal institution where it is located;

(5) Other matters stipulated by laws, regulations and rules.

Article 25: Citizens, legal persons and other organizations shall report and make complaints against judicial appraisers in violation of the provisions of these Measures, and the judicial administrative organ shall promptly investigate and handle them.

Article 26 When judicial judicial organs supervise or inspect judicial appraisers or conduct investigations based on reports or complaints, they may consult or require judicial appraisers to submit relevant materials according to law. The judicial appraiser shall truthfully provide relevant information and materials.

Article 27 The judicial administrative organ shall establish the integrity files of judicial appraisers in accordance with the law, and evaluate the integrity of judicial appraisers. The evaluation results are made public.

Forensic Experts Chapter VI Legal Liability

Article 28 If an unregistered person engages in the judicial appraisal business that has been included in the adjustment scope of these Measures, the provincial judicial administrative organ shall order him to stop the judicial appraisal activities and impose a fine of 1 to 3 times the illegal income, with the highest total fine It must not exceed 30,000 yuan.

Article 29 If a judicial appraiser has any of the following circumstances, the provincial judicial administrative organ shall give a warning and order it to correct it:

(1) practicing in two or more judicial appraisal agencies at the same time;

(2) practicing outside the registered practice category;

(3) Accepting the commission of judicial appraisal in private;

(4) Violating the provisions on confidentiality and avoidance;

(5) Refusing to accept the supervision, inspection or provide false materials to the judicial administrative organ;

(6) Other circumstances stipulated by laws, regulations and rules.

Article 30 Judicial appraisers shall be punished by the provincial judicial administrative organs for suspension of practice for more than 3 months and less than 1 year; if the circumstances are serious, the registration shall be cancelled; if a crime is constituted, criminal liability shall be investigated according to law:

(1) causing serious losses to the lawful rights and interests of the parties due to serious irresponsibility;

(2) Having one of the situations stipulated in Article 29 of these Measures and causing serious consequences;

(3) providing false certification documents or taking other fraudulent means to deceive registration;

(4) after being notified by the people's court in accordance with the law, refusing to appear in court to give evidence in an unlawful cause;

(5) Intentionally making a false identification;

(6) Other circumstances stipulated by laws and regulations.

Article 31 If a judicial appraiser causes losses to a party due to intentional or gross negligence in his practice activities, the judicial appraisal institution to which the judicial appraiser is located may bear compensation from the judicial appraiser for the wrongful act after he has assumed liability for compensation according to law.

Article 32 If a staff member of the judicial administrative organ abuses his power or neglects his duties in management, causing serious consequences, he shall be investigated for the corresponding legal liabilities.

Article 33 If a judicial appraiser has any objection to the administrative license and administrative punishment of the judicial administrative organ, he may apply for administrative reconsideration in accordance with law.

Chapter VII Supplementary Provisions

Article 34 The judicial appraisers referred to in these measures do not include the appraisers engaged in appraisal work in the appraisal agency specified in Article 7 of the Decision of the Standing Committee of the National People's Congress on Judicial Appraisal Management.

Article 35 These Measures shall be implemented as of the date of promulgation. The Administrative Measures for Judicial Experts promulgated on August 14, 2000 (Decree No. 63 of the Ministry of Justice) was repealed simultaneously.