Regulations of the Shenzhen Municipality on the Verification of
the Prices of Articles Concerning Legal Cases |
(Adopted at the
Fifteenth Meeting of the Standing Committee of the Third
Shenzhen Municipal People' s Congress on April
26, 2002, approved
at the Thirty-Fifth Meeting of the Ninth Guangdong Provincial
People' s Congress on July 25, 2002,
promulgated on August 16,
2002, and put into force from October 1, 2002) |
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Chapter I
General Provisions |
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Article 1 In order to
standardize the acts of the verification of the prices of
articles concerning legal cases, defend the national
interests
and the legal rights and interests of citizens, legal persons
and other organizations, and maintain both the
administrative
law enforcement and the administration of justice in normality,
these regulations are hereby formulated
in accordance with the
related laws, regulations of the state and in light of the
practical conditions of the Shenzhen
City. |
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Article 2 These regulations
shall apply to the verification of the prices of articles
concerning legal cases (hereinafter referred
to as price
verification) in the Shenzhen City. |
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Article 3 The articles
concerning legal cases referred to in these regulations shall
mean the following articles involved in the
criminal and
administrative cases which are handled by judicial offices,
administrative law enforcement offices (hereinafter
referred to
as entrusting offices): |
(1)
booties; |
(2)
forfeiture; |
(3)
seized, distressed,
recovered articles; |
(4)
the other articles
concerning legal cases. |
The price
verification referred to in these regulations shall mean the
acts taken by |
a price verification agency authorized by an
entrusting office to do both appraisal and verification of the
prices of
articles concerning legal cases which are not clear or
are difficult to be ascertained. |
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Article 4 Price verification
shall follow the principle of legality, objectivity, scientism,
and impartiality. |
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Article 5 The department of the
municipal government in charge of prices (hereinafter referred
to as the responsible department)
shall conduct the supervision,
administration and direction of price verification. |
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Article 6 The administration
and price verification of price verification agencies shall be
fully funded by the appropriation from
the public finance, no
verification fee shall be charged for the verification of the
prices of articles concerning legal
cases. |
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Chapter II
Price Verification Agencies and Price Appraisers |
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Article 7
If entrusting offices, in handling criminal,
administrative cases, need to verify the prices of articles
concerning these
cases, they shall process to price
verification. |
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Article 8 The price
verification agencies approved to be established by the
municipal, district governments shall be responsible
for price
verification, the other agencies and individuals shall not be
engaged in price verification unless there are
other
stipulations in laws, regulations. |
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Article 9 Price appraisers
shall conduct price verification independently according to law. |
Entrusting offices, other offices and
individuals shall not interfere in price appraisers'
activities
of price appraisal. |
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Article 10 Price appraisers
shall, according to the related rules of the state, meet
practicing requirements for price appraisal,
register according
to law, and then may do price appraisal in price verification
agencies. |
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Article 11 Price verification
agencies, when doing their professional work, may look up the
documents and materials needed for price
verification at
entrusting offices, make on-the-spot investigations, and ask for
the necessary assistance from entrusting
offices. |
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Article 12 Price appraisers,
when doing price appraisal, shall abide by the related laws,
regulations, the rules on practicing, and
the professional
ethics, and guarantee the objectivity, fairness, and promptness
of the results of price verification. |
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Article 13 Price appraisers
shall perform the obligations to keep secret. |
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Chapter III
Basis and Procedure of Price Verification |
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Article 14
Price verification agencies and price
appraisers shall, based on the following rules, verify the
reasonable prices of
articles concerning legal cases on the base
date of price verification: |
(1)
if the price is set by the
state, the verification shall be done according to the state-set
price; |
(2)
if the price is guided by
the state, the verification shall based on the medium-standard
price, the calculation shall
be made by reference to the market
price level, and the price shall be within the limits set by the
state; |
(3)
if the price is adjusted by
the market, the calculation shall be made in comparison with the
medium market price, the
reasonable price shall not be lower
than the production cost of a producer-enterprise in normal
production or the purchase
cost of a distributor-enterprise,
shall not exceed the general rate of profit or the mark-up, and
shall be close to the
average cost of production of the
commodity in the industry plus the average rate of profit in the
society. |
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Article 15
Generally speaking, the base date
of price verification shall be the date |
when the case takes place unless there are
other stipulations in laws, regulations. |
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Article 16 Price verification
agencies shall send cultural relics, postage stamps, calligraphy
and paintings, gold, silver, jewelry
and their products, which
are entrusted for price verification, to the related
professional units for technology, quality
appraisals, and
conduct price verification based on the results of these
appraisals. |
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Article 17 No price
verification shall be done for the following articles: |
(1)
the prohibited articles such
as drugs, obscene objects, guns and ammunitions, knives under
control, etc.; |
(2)
the precious cultural relics
of Grade 3 or higher as items of museum collections; |
(3)
the animals, plants and
their products under priority protection according to the rules
of the state; |
(4)
the other articles which do
not need price verification according to the rules of the state. |
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Article 18
Entrusting offices, when
entrusting price verification agencies with |
price verification, shall present written
letters of attorney, and provide the articles concerning legal
cases and the
materials needed for price verification. |
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Article 19 The content of a
letter of attorney shall be truthful, lawful. |
The letter of attorney shall include
the following main items: |
(1) the entrusting office; |
(2) the goals and requirements of
entrustment; |
(3) the names, specifications, models,
quantities of articles concerning legal cases; |
(4) the time of the occurrence of the
case and the base date of price verification; |
(5) the other matters which have to be
explained |
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Article 20 Price verification
agencies shall examine letters of attorney, accept those which
are within the scope of price verification;
an explanation shall
be given in case of rejection. |
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Article 21 There shall be two
or more price appraisers to do price verification for one
entrusted item. |
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Article 22 If a designated
price appraiser has interest in the party concerned of a case
and the item to be entrusted for verification
or has other
relationships which might adversely affect the fairness of the
result of verification, this appraiser shall
withdraw. |
If an entrusting office finds what is
referred to in the previous section, it may challenge
the
appraiser. The head of the price verification agency shall
decide whether this appraiser should withdraw. If the
head of a
price verification agency is an appraiser, his/her withdrawal
shall be decided by the responsible department. |
If the party concerned of a case and
interested person want to challenge an appraiser,
they may ask
an entrusting office to do so. |
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Article 23 Price appraisers
shall, according to the needs of price verification, inspect
articles, do market surveys, collect the
related evidence and
materials, and come out with conclusions of their appraisals on
time. |
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Chapter IV
Conclusion of Price Verification and Review of Verification |
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Article 24
The price verification agency shall submit a
conclusion letter of price verification to the entrusting office
within 5
days from the date of accepting the letter of attorney
unless there is another agreement between the price verification
agency and the entrusting office. |
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Article 25 The conclusion
letter of price verification shall include the following items:
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(1)
the names, specifications,
models, and quantities of the articles whose prices have been
verified; |
(2)
the basis of price
verification; |
(3)
the methods and the main
procedures of price verification; |
(4)
the conclusion of price
verification; |
(5)
the other issues and
materials which need to be explained. |
The conclusion
letter of price verification shall be signed by the price
appraiser |
and stamped with an official seal by the
price verification agency. |
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Article 26 The price of an
article concerning a legal case confirmed by a conclusion of
price verification may be used as a reserve
price for this item
in auction. |
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Article 27
If any entrusting office has an
objection against a conclusion of price verification, it may
apply for a review of the
verification within 15 days from the
date of receiving the conclusion letter of price verification.
If the party concerned
of a case and interested persons have an
objection against a conclusion of price verification, they may
apply to the
originally entrusting office for a review of the
verification, and explain the reason and the basis. After
receiving
the application, the entrusting office shall accept it
and make an investigation; if the office thinks it is
unnecessary
to have a review of the verification, it shall give
the applicants a written reply. |
Any review of
verification shall include the re-verification conducted by the
original price verification agency and the
review decision made
by a price verification agency approved to be established by a
government of a higher level. |
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Article 28
When an entrusting office asks for
a review of the entrustment with price verification, it shall
submit the letter of
attorney, and explain the reason and the
basis. |
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Article 29
When conducting a re-verification,
a price verification agency shall submit to the entrusting
office a conclusion of verification
within 5 business days from
the date of accepting the entrustment with re-verification
unless there is another agreement
between the price verification
agency and the entrusting office. |
When a price
verification agency conducts re-verification, it shall designate
two or more other appraisers than the original
appraisers for
this work. |
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Article 30 The office of review
decision shall notify the original price verification agency
after accepting the entrustment with
review decision. |
The office of review decision shall
submit a conclusion letter of review decision to the
entrusting
office within 5 business days from the date of accepting the
entrustment unless there is another agreement
between the office
of review decision and the entrusting office. |
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Article 31 The conclusion
letter of review decision shall include the following items:
(1) the reason to accept the entrustment with review
decision; |
(2) the basis of review decision; |
(3) the methods and the main procedures
of review decision; |
(4) the conclusion of review decision; |
(5) the other issues and materials
which need to be explained. |
The conclusion letter of review
decision shall be sent to the original price verification
agency
at the same time when the conclusion letter of review decision
is submitted to the entrusting office. |
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Article 32 If the conclusion of
original verification is in contradiction with the conclusion of
review decision, it shall cease
to be valid. |
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Article 33 If the price
verification agency approved to be established by a government
of a higher level has already had a conclusion
of price
verification, the entrustment with review decision shall not be
accepted. |
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Article 34 If a price
verification agency finds that a conclusion of price
verification or a review decision, which it issued, has
a
mistake, it shall cancel or rectify the conclusion or the
decision, and notify the entrusting office in writing. |
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Chapter V
Legal Liabilities |
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Article 35
If the price verification agency established
without approval by the municipal, district governments and the
price appraisers
without meeting the practicing requirements for
price verification, in violation of these regulations, are
engaged in
price verification, the responsible department shall
confiscate illegal earnings, and may impose a fine of less than
20,000 RMB as well. |
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Article 36 If a price
appraiser, in violation of Article 13 of these regulations,
fails to perform the obligation to keep secret
according to law,
the responsible department shall impose an administrative
sanction. |
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Article 37 If a price
verification agency violates law by issuing a false conclusion
of verification, its conclusion of price verification
shall be
invalid. The responsible department shall impose an
administrative sanction on the head of the agency according
to
the circumstances; if there is a resultant loss for the party
concerned, the price verification agency shall make
compensation. |
The responsible department shall
impose administrative sanctions on the directly responsible
persons, and may suggest the superior responsible department to
disqualify them for practicing price verification; if
a crime is
constituted, the criminal responsibility shall be investigated
into according to law. |
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Article 38 If an entrusting
office provides false information and materials or entrusts an
unqualified price verification agency
with price verification,
the conclusion of verification shall be invalid. If there is a
resultant undesirable consequence,
administrative sanctions
shall be imposed on the related responsible persons; if a crime
is constituted, the criminal
responsibility shall be
investigated into according to law; if there is a resultant loss
for the party concerned, the
entrusting office shall make
compensation. |
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Chapter VI
Supplementary Provisions |
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Article 39
These regulations shall take effect as of October 1, 2002. |