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Improving the connection mechanism of management and use of judicial expertise in Jiangsu
Date:2017-08-22    Hits:1309

On July 13, the Jiangsu Provincial Judicial Department and the Provincial Higher People's Court jointly issued a paper to put forward suggestions on improving the management and use of judicial expertise, clarifying the relevant responsibilities, objectives and requirements of the Provincial People's Court and the judicial administrative organs.


According to the documents, the judicial administrative organs and the people's courts should establish a joint meeting system, information notification system, as well as major events joint disposal, training resources sharing and other working mechanisms. The relevant business management information system of provincial courts and provincial judicial departments will gradually realize automatic exchange of data such as the registration of forensic experts and forensic institutions, rewards and punishments, capacity assessment, expert appearances in court, expert documents and the acceptance of expert opinions.


In terms of guaranteeing the appearances of forensic experts in court, the documents stipulate that the people's courts should set up expert seats, provide safe passages, and protect the personal safety and other legitimate rights and interests of forensic experts according to law. For cases which are sensitive and complex and may endanger the personal safety of forensic experts and their close relatives, the people's court may coordinate the relevant departments to take corresponding protective measures against forensic experts and their close relatives who testify in court on the basis of the application of the forensic expert bodies or the recommendations of the judicial administrative departments. The people's court shall collect the transportation, accommodation, living expenses and allowances for delayed work for the expert appearing in court, and settle the settlement with the judicial appraisal organ or hand them directly to the judicial appraiser appearing in court in accordance with the agreement. The relevant standards shall be implemented with reference to the standard of travel expenses for general staff of provincial organs, and the allowance for delayed work shall be implemented in accordance with the relevant provisions of the Supreme People's Court. The document also includes the activities of judicial expert appearing in court as an expert assistant, and stipulates that the people's court shall notify the judicial administrative department of its compliance with professional ethics, professional discipline and court performance.


In order to strengthen the supervision of judicial expertise activities, the documents stipulate that if the people's court finds in the entrusted expertise and trial work that the judicial expertise institution has violated the rules and regulations, fails to complete the expertise without justified reasons in accordance with the stipulated or agreed time limit, and refuses to testify in court without justified reasons after being notified by the people's court, it shall promptly do so. To inform the judicial administrative organ. The judicial administrative organ shall investigate and deal with the matter within the prescribed time limit, and promptly feedback the results of the investigation to the people's court. Before the judicial administrative department makes the decision, the people's court may temporarily entrust it. If the judicial administrative department suspends business for three months to one year, the people's court shall, in accordance with the decision of the judicial administrative department on punishment, stop entrusting it with the judicial appraisal business of the people's court. If a judicial appraisal institution or a judicial appraiser intentionally makes false appraisal, the judicial administrative organ shall cancel its registration, remove the roster of appraisers and appraisal institutions and record them in the provincial public credit information system; if a crime is constituted, criminal responsibility shall be investigated according to law.