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Provisions of Jilin Province on Administration of Social Professional Expert Evidence

(Promulgated by Decree No.136 of the People' s Government

of Jilin Province on January 21,2002)

Article 1. These Provisions are formulated for the litigant purposes of standardizing the work of social professional expert evidence, safeguarding the litigant' s legal rights and interests, in accordance with the provisions of the Provisions of Jilin Province on Administration of Expert Evidence and in the light of the actual circumstances in this province.

Article 2. The "social professional expert evidence" used in these Provisions means, during the period of lawsuit and for the purpose of solving some professional problems emerged in the cases, the expert evidence given by social professional expert institutions or appraisers entrusted by judicial organs.

Article 3. The "social and professional expert institutions or appraisers" used in these Provisions include the following institutions and personnel:

1.Hospitals and their appraisers appointed by the provincial people' s government according to law;

2.Commissions of Expert Evidence and their appraisers; and

3.The social professional expert institutions and appraisers besides those stipulated by judicial organs and the said two items.

Article 4. Any units and individuals, within the administrative division of this province, which engage in the activities of social professional expert evidence, must abide by these Provisions.

Article 5. The administrative judicial organs of the people' s governments at the municipality level and upwards shall be in charge of the administrative management work of social professional expert institutions and appraisers within their own administrative divisions.

Article 6. The municipal hospitals appointed by the provincial people' s government shall be in charge of the reappraisement of the disputed medical expertise of personal injury within their own administrative divisions.

The provincial hospitals appointed by the provincial people' s government shall be in charge of the reappraisal of the disputed medical experuse of personal injury entrusted by provincial judicial organs; and also be in charge of the reappraisement of the disputed medical of personal injury appraised by the municipal hospitals appointed by the provincial people' s government.

The medical expertise of insanity shall be in charge of by the hospitals appointed by the provincial people' s government.

Article 7. Province, municipality (prefecture) shall establish the commissions of expert evidence. The commissions of expert evidence shall be composed of by the personnel in charge of the people' s governments of the province, municipality (prefecture), the people' s courts, people' s procuratorates, and by the personnel in charge of the related departments of judicial administration, public security, sanitation, finance, construction, science and technology, supervision of quality and technology, commodity price, intellectual property right, journalism (culture), industry and commerce administration of the people' s governments at the same level, and of the experts of expert evidence.

Article 8. The commissions of expert evidence shall found several expert appraisal groups according to the classification of occupations; their members shall be nominated by their work units, examined by the offices of the commissions of expert evidence, and appointed to a position by the commissions of expert evidence.

Article 9. The following appraisal items shall be in charge of by the commissions of expert evidence:

1.Those needing to be reappraised because of having been appraised twice but in different conclusions;

2.Those, after receiving the conclusions of medical expertise given be the hospitals appointed by the provincial people' s government, still needing medical jurisprudent expertise on some special problems by the commissions of expert evidence which being considered by judicial organs;

3.Those appraisements concerning inter-disciplinary cooperation, and needing to be appraised by the commissions of expert evidence, because the expert institutions of judicial organ at the same level or other social professional expert institutions can not appraise due to the reasons of techniques and etc.; and

4.Those appraisements of serious and extraordinarily serious cases which emerged in their administrative divisions and need to be accepted and heard by the commissions of expert evidence directly.

Article 10. The commission of expert evidence shall not accept and hear the following appraisal items:

1.Those having been appraised out-side the province according to the Provisions of Jilin Province on Administration of Expert Evidence;

2.Those having been appraised and having been given conclusions of medical jurisprudent expertisement offered by the hospitals appointed by the provincial people' s government, before promulgating the Provisions of Jilin Province on Administration of Expert Evidence;

3.Those appraisement involved by the cases which have been cancelled by judicial organs; and

4.Those deformity-rank evaluation involved in the cases of medical negligence, labour capacity, personal injury and road accidents which fail to enter into court proceedings.

Article 11. The social professional expert institutions and appraisers, who are engaged in the activities of social professional expert evidence, must have the conditions stipulated by the state and these Provisions, and their qualifications for social professional expert evidence shall be confirmed by the administrative organs of justice of the provincial people' s government according to law. Those stipulated otherwise by law and regulations shall be excluded.

Article 12. The social professional expert institutions, engaging in the activities of social professional expert evidence, should have the following conditions;

1.Designation, place and rules;

2.Apparatus, equipments corresponding to the activities of social professional expert evidence they are engaging in;

3.The funds no less than RMBŁ¤500,000;

4.More than 6 persons who have got the qualification for expert evidence or tally with the corresponding conditions, of which no less than 3 persons have professional and technical posts of medium and high grades; and

5.Without the behaviors in violation of laws, rules, regulations and working discipline within latest 3 years.

Article 13. The administrative organs of justice of the provincial people' s government shall confirm the qualification for social professional expert evidence in accordance with the conditions stipulated by laws, rules and regulations, and shall finish the transaction within 20 days since the date of receiving the certification having stipulated conditions and necessary materials. Those conforming to the conditions shall be confirmed their qualifications for social professional expert evidence; those failing to conform to the conditions shall be not confirmed, the applicants shall be noticed in a written form.

Article 14. The administrative organs of the provincial, municipal (prefectural) people' s governments shall assess yearly the qualification for social professional expert evidence the social professional expert institutions and appraisers. The assessment of the qualification for social professional expert evidence shall be implemented in accordance with the conditions stipulated by laws, rules and regulations; those tallying with the conditions, shall be confirmed their assessment eligibility.

Article 15. The social professional expert institutions and appraisers may be engaged in the following activities of social professional expert evidence, and in the activities related to them:

1.To carry out the inspection and appraisement upon the professional and technical problems related to their lines of business involved in cases;

2.To offer the certificate documents of profession and technology, which are related to social professional expert evidence and involved in cases; and

3.To supply their advisory opinion upon the professional and technical problems which are related to the social professional expert evidence and their lines of business.

Article 16. The social professional expert institutions and appraisers, who are engaged in the activities of social professional expert evidence, shall be entrusted by judicial organs.

Those litigants, who have dissent from the conclusion of social professional expert evidence, and ask for reappraisement, may apply for to judicial organs; the judicial organs shall make a decision, and entrust social professional expert institutions and appraisers to appraise.

Article 17. The social professional expert institutions and appraisers should check the entrusted items and the offered necessary materials of appraisement after receiving the entrusted documents of social professional expert evidence; those, which belong to the scopes of their appraisement and the materials for appraisement are all ready, shall be accepted and heard. Those, which do not belong to the scopes of their appraisement or the materials for appraisement are incomplete and the consignors refuse to provide the supplement, shall not be accepted and heard, the consignors shall be noticed in a written form.

Article 18. After receiving the entrustment of social professional expert evidence from judicial organs, the social professional expert institutions shall be forbidden to transfer the entrustment to other expert institutions for appraisement.

Article 19. The social professional expert institutions and appraisers should keep the materials for appraisement under lock and key. As for those materials may be used up or damaged during appraisement, they should gain the agreement from the consignors.

Article 20. The social professional expert institution, when implementing the activities of social professional expert evidence, must carry out strictly according to the demands upon relevant technical standard and technical norm stipulated by the state.

Article 21. The charging measures and standards for expert evidence shall be put forward by the administrative organs of justice of the provincial people' s government together with financial and commodity price organs of the provincial people' s government, and shall be carry out after reporting to the provincial people' s government for approval.

Article 22. If the hospitals and commissions of expert evidence, which are appointed by the provincial people' s government, appraise beyond the scopes of appraisement, they shall be punished according to the provisions of Article45 Section3 of the Provisions of Jilin Province on Administration of Expert Evidence.

As for other social professional expert institutions which conduct the social professional expert evidence beyond the scopes of appraisement, their conclusions of social professional expert evidence shall be invalid, the administrative organs of justice of their municipal (prefectural) people' s governments shall instruct them to return the fees for appraisement.

As for those refuse to implement, they shall be imposed a fine one to three times the fees, and their qualifications for social professional expert evidence shall be cancelled by the administrative organs of justice of the provincial people' s government.

Article 23. The social professional expert institutions, which fail to get the qualifications for social professional expert evidence but implement the activities of expert evidence without authorization, shall be punished by the administrative organs of justice according to the stipulations of the Provisions of Jilin Province on Administration of Expert Evidence, of which the social professional expert institutions directly under the province shall be punished by the administrative organs of justice of the provincial people' s government; other social professional expert institutions shall be punished by the administrative organs of justice of their municipal (prefectural) people' s governments.

Article 24. The social professional expert institutions or appraisers shall accept the annual qualification assessment given by administrative organs of justice; those failing to satisfy the stipulated conditions, and those refusing to accept and hear the entrusted items without any allowable reasons, which tally with the accept-hear regulations of appraisement, the administrative organs of justice shall instruct them to correct within a time limit; if they fail to correct within the time limit, they shall be cancelled the qualifications for social professional expert evidence.

Article 25. The expert evidences related to product quality, the price of involved goods, deformity-rank evaluation of medical negligence and road accident, estimation of labour capacity shall be implemented according to the stipulations of relevant laws, rules and regulations.

Article 26. These Provisions shall become effective as of the date of February 1, 2002.