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Notice of Fujian Provincial Department of Justice on the Criteria for Identifying Major and Complex Difficult Cases Involved in the Administration of Judicial Appraisal Fees
Release time: 2019-04-23 10:00
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District and Municipal Judicial Bureau, Pingtan Comprehensive Experimental District Judicial Office, Provincial Judicial Expertise Association, and various judicial appraisal agencies:

In order to standardize the judicial appraisal fees in our province, and safeguard the legitimate rights and interests of clients, clients and judicial appraisal agencies, according to the relevant provisions of the administration of judicial appraisal fees, we hereby notify you of the following standards for the determination of major and complex difficult judicial appraisal cases and related matters:

1. One of the following situations may be identified as a major and complicated difficult judicial appraisal case:

(1) Cases involving foreign affairs, cases involving Hong Kong, Macao and Taiwan, crimes involving triad societies, cases that endanger national security, cases of terrorist activities, or cases that have attracted widespread public attention and reported by news media at or above the provincial level;

(2) The case has been disputed for a long time, and the period from the occurrence of the appraisal item to the date of entrusted appraisal is more than three years (except for the document appraisal item);

(3) The case-handling department has entrusted a re-appraisal and is subject to the same appraisal for more than three appraisals;

(4) Entrusting appraisal by the court for retrial cases;

(5) In addition to the appraisers of this institution, cases involving the participation of more than two experts in relevant professional fields are required;

(6) Cases in which the client has special requirements for the appraisers and needs to select three or more appraisers for appraisal, and at the same time requires two or more experts to review;

(7) According to the "General Principles of Forensic Expertise Procedures", it is necessary to entrust the judicial expert industry association to organize and coordinate two or more judicial expert institutions to conduct expert cases.

2. The judicial appraisal agency and the client shall specify the identification situation, appraisal cost and collection method of the major and difficult forensic judicial appraisal cases in the “Authority of Power of Judicial Appraisal”, and shall inform the parties to the payment in writing of the relevant situation.

3. Forensic appraisal agencies accept commissions as general cases when they are accepted, and if they find that they are major and complicated difficult cases after conducting specific appraisal work, they can negotiate with the client and re-sign the “Forensic Appraisal Letter” or sign a supplementary agreement, The situation is notified in writing to the payment parties. If the parties to the fee disagree, the judicial appraisal agency shall not charge fees according to the difficult, complicated and significant social impact of judicial appraisal services, but may decide whether to terminate the appraisal.

4. This notice shall come into effect on June 1, 2019.

Fujian Provincial Department of Justice

April 22, 2019

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