To rock times center
Publish: 2021-05-10 22:23:18
1. This situation generally occurs in the evening of the trading day, different assets are in liquidation, and then the data of the third party is slightly delayed. It's usually the next day.
2. It can be done under special circumstances, but the identified people often lie in the hospital and can't move. If everyone runs to do it, the forensic staff is certainly not enough. In this case, we can first the hospital's diagnosis certificate, examination results, imaging data and so on to the forensic, let them make a temporary identification first, and then go to the forensic for formal identification after discharge.
3. Public security organs have forensic medicine. If they have any objection to the identification, they can apply to a higher level public security organ for identification. Why should they go outside the province?
4. According to the decision of the Standing Committee of the National People's Congress on the administration of judicial expertise, judicial expertise has its business scope and no regional restrictions. When a party applies for judicial expertise unilaterally, it may select an appraisal institution with appraisal qualification throughout the country for judicial expertise. There is a problem of the travel expenses for sending authentication when the court chooses the judicial authentication institution for authentication, which should be borne by the parties according to law. From the perspective of work benefit and cost saving, the court generally selects qualified institutions in the province for appraisal. If there is no corresponding appraisal institution in the province, the appraisal institution with appraisal qualification in other provinces can be selected for judicial appraisal after soliciting the opinions of the parties concerned.
5. It can be
please refer to:
General principles of judicial expertise procere
Chapter I General Provisions
Article 1 in order to regulate the judicial expertise activities of judicial expertise institutions and judicial appraisers, ensure the quality of judicial expertise, and ensure the smooth progress of litigation activities, according to the "decision of the Standing Committee of the National People's Congress on the administration of judicial expertise" and relevant laws and regulations These general rules are formulated in accordance with the provisions of laws and regulations
Article 2 judicial expertise procere refers to the ways, methods, steps, and relevant rules and standards that judicial expertise institutions and forensic experts should follow in their judicial expertise activities
this general rule is applicable to all kinds of forensic activities of forensic institutions and forensic experts
Article 3 when concting forensic activities, forensic institutions and forensic experts shall abide by laws, regulations, rules, professional ethics and discipline, respect science and abide by technical operation norms
Article 4 the appraiser responsibility system shall be implemented in judicial expertise. The judicial expert shall independently, objectively and fairly conct the appraisal according to law, and shall be responsible for the appraisal opinions made by himself
Article 5 forensic institutions and forensic experts shall keep the state secrets and trade secrets they know in their practice activities, and shall not disclose personal privacy
without the consent of the client, it is not allowed to provide information related to the appraisal matters to other people or organizations, unless otherwise stipulated by laws and regulations
Article 6 judicial expertise institutions and forensic experts shall withdraw in accordance with the relevant litigation laws and the provisions of the general principles
Article 7 after being notified by the people's court according to law, a judicial expert shall testify in court and answer questions related to the appraisal matters
Article 8 forensic appraisal institutions shall uniformly collect forensic appraisal fees, and the items and standards of the fees shall be in accordance with the relevant provisions of the state
Article 9 forensic institutions and forensic experts shall be subject to supervision according to law when concting forensic activities. Those who violate relevant laws and regulations shall be given corresponding administrative punishment by judicial administrative organs according to law; In case of any violation of the norms of the judicial expertise instry, the judicial expertise instry organization shall give corresponding instrial sanctions
Article 10 forensic institutions shall strengthen the management and supervision of forensic activities of forensic experts. If a judicial expert violates these general rules or the administrative provisions of the judicial expert institution to which he belongs, the judicial expert institution shall make corrections< Chapter II entrustment and acceptance of judicial expertise Article 11 judicial expertise institutions shall uniformly accept the entrustment of judicial expertise
Article 12 when accepting an appraisal entrustment, a judicial appraisal institution shall require the client to issue an appraisal entrustment letter, provide the identity certificate of the client, and provide the appraisal materials required for the entrusted appraisal. Where the principal entrusts another person to act as agent, it shall require a power of attorney
the identification materials referred to in this general rule include inspection materials and identification data. Test materials refer to biological test materials and non biological test materials related to identification matters; Identification data refer to the records related to identification items on various carriers
the power of attorney shall specify the name of the client, the name of the judicial appraisal institution to be entrusted, the matters entrusted for appraisal, the purpose of appraisal and the appraisal requirements
if the entrusted appraisal item belongs to re appraisal, it should be indicated in the power of attorney
Article 13 the client shall provide authentic, complete and sufficient appraisal materials to the judicial appraisal institution, and shall be responsible for the authenticity and legality of the appraisal materials
the client shall not require or imply that the forensic appraisal institution and the forensic appraiser provide expert opinions according to their intention or specific purpose
Article 14 after receiving the entrustment, a judicial appraisal institution shall review the entrusted appraisal matters, and accept the appraisal entrustment that belongs to the scope of its judicial appraisal business, the purpose of the entrusted appraisal matters and the appraisal requirements are legal, and the appraisal materials provided are true, complete and sufficient
if the appraisal materials provided are incomplete or insufficient, the judicial appraisal institution may require the client to supplement them; If the client has completed the supplement, it may accept it
Article 15 a forensic appraisal institution shall make an immediate decision on the acceptance of a qualified appraisal commission; If the acceptance can not be decided immediately, the decision on whether to accept or not shall be made within seven working days and the client shall be informed; If an appraisal entrustment is proposed by letter, a decision on whether to accept it or not shall be made within 10 working days, and the client shall be informed; For a difficult, complex or special appraisal matter, the time for acceptance may be determined through consultation with the client< Article 16 the judicial appraisal institution shall not accept the appraisal entrustment under any of the following circumstances:
(1) the entrustment is beyond the scope of the judicial appraisal business of the institution
(2) the appraisal materials are untrue, incomplete or insufficient, or the way of obtaining them is illegal< (3) the purpose of the appraisal item is illegal or against social morality
(4) the appraisal requirements do not conform to the judicial appraisal practice rules or relevant appraisal technical specifications< (5) the appraisal requirements exceed the technical conditions and appraisal ability of the institution< (6) it is not in conformity with the provisions of Article 29 of the general principles< (7) other circumstances that do not conform to the provisions of laws, regulations and rules
if the application is not accepted, the reason shall be explained to the client and the appraisal materials provided by the client shall be returned
Article 17 If a judicial appraisal institution decides to accept an appraisal commission, it shall sign a judicial appraisal agreement with the client on the basis of consensus through consultation< (1) the basic information of the client and the forensic institution
(2) matters and purposes of the entrusted appraisal
(3) requirements for entrusted appraisal
(4) brief information of the cases involved in the entrusted appraisal matters< (5) the catalogue and quantity of the appraisal materials provided by the client< (6) the rights and obligations of both parties in the process of appraisal
(7) appraisal fees and collection methods< (8) other matters that need to be specified
if the test materials need to be exhausted or may be damaged e to the identification, or the test materials cannot be returned completely after the completion of the identification, it shall be explained to the client in advance, and the consent or approval shall be obtained, which shall be stated in the agreement
if the content of the agreement needs to be changed in the process of judicial expertise, it shall be determined by both parties through negotiation< Chapter III Implementation of judicial expertise Article 18 after accepting an appraisal entrustment, a judicial appraisal institution shall appoint a judicial appraiser in the institution who has the qualification for the appraisal
if the client has special requirements, the two parties can also select qualified forensic experts from the agency through consultation
Article 19 a judicial appraisal institution shall appoint or select two judicial appraisers to jointly appraise the same appraisal matter; For difficult, complex or special appraisal matters, more than one judicial appraiser may be designated or selected for appraisal
Article 20 If a forensic expert or his close relatives have an interest relationship with the client, the entrusted appraisal matter or the case involved in the appraisal matter, which may affect his independent, objective and impartial appraisal, he shall withdraw
If a forensic expert proposes to withdraw himself, it shall be decided by his / her own forensic institution; If the client requests the judicial appraiser to withdraw, it shall submit the request to the judicial appraisal institution to which the appraiser belongs, and the decision shall be made by the judicial appraisal institution. If the client disagrees with the decision on whether to withdraw from the judicial appraisal institution, the appraisal commission may be revoked
Article 21 a judicial appraisal institution shall keep and use appraisal materials in strict accordance with relevant technical specifications, strictly monitor the reception, transmission, inspection, preservation and disposal of appraisal materials, and establish a scientific and strict management system
in case of damage or loss of appraisal materials e to serious irresponsibility, the judicial appraisal institution and the judicial appraiser shall bear the responsibility according to law
Article 22 a forensic expert shall abide by and adopt the technical standards and technical specifications in the professional field in the following order:
(1) national standards and technical specifications
(2) the instry standards and technical specifications formulated by the competent department of judicial expertise, the judicial expertise instry organization or the relevant competent department of the instry< (3) technical standards and specifications recognized by most experts in the field
for those who do not have the technical standards and specifications specified in the preceding paragraph, the relevant technical specifications formulated by their own judicial appraisal institutions may be adopted
Article 23 when a forensic expert concts an appraisal, he shall record the appraisal process in real time and sign his name. Records can be made by taking notes, recording, videotaping, photographing, etc. The content of the record shall be true, objective, accurate, complete and clear, and the text or audio-visual carrier of the record shall be properly preserved
Article 24 If a forensic expert needs to have a gynecological examination on a female in the process of identification, it shall be done by a female forensic expert; If there is no female forensic expert, there shall be female staff present
in the process of identification, if it is necessary to have physical examination on minors, their guardians should be informed to be present
in the case of forensic psychiatric identification, the client or his close relatives or guardians shall be informed to be present
if the samples need to be extracted at the scene, they should be extracted by at least two forensic experts, and the client should be informed to be present to witness
If autopsy is needed, the client or close relatives or guardians of the deceased shall be informed to witness
Article 25 in the process of appraisal, if a judicial appraisal institution encounters special complicated, difficult and special technical problems, it may consult experts in relevant professional fields outside the institution, but the final appraisal opinions shall be given by the judicial appraisers of the institution
Article 26 a judicial appraisal institution shall complete the appraisal of the entrusted matters within 30 working days from the date of signing the judicial appraisal agreement with the client
if the identification involves complex, difficult and special technical problems or the inspection process takes a long time, the time for completing the identification can be extended with the approval of the person in charge of the organization, and the extension time shall not exceed 30 working days
if there is another agreement between the forensic institution and the client on the time limit for completing the appraisal, such agreement shall prevail
the time required to supplement or re extract the identification materials in the identification process is not included in the identification time limit
Article 27 in the process of appraisal, a judicial appraisal institution may terminate the appraisal under any of the following circumstances:
(1) it is found that the purpose of the entrusted appraisal is illegal or against social morality
(2) the appraisal materials provided by the client are untrue or the acquisition method is illegal
(3) the client is unable or refuses to provide additional qualified appraisal materials e to incomplete or insufficient appraisal materials, or e to exhaustion or damage of appraisal materials
(4) the client's appraisal requirements or the technical requirements required to complete the appraisal exceed the agency's technical conditions and appraisal capability< (5) the client fails to perform the contract
please refer to:
General principles of judicial expertise procere
Chapter I General Provisions
Article 1 in order to regulate the judicial expertise activities of judicial expertise institutions and judicial appraisers, ensure the quality of judicial expertise, and ensure the smooth progress of litigation activities, according to the "decision of the Standing Committee of the National People's Congress on the administration of judicial expertise" and relevant laws and regulations These general rules are formulated in accordance with the provisions of laws and regulations
Article 2 judicial expertise procere refers to the ways, methods, steps, and relevant rules and standards that judicial expertise institutions and forensic experts should follow in their judicial expertise activities
this general rule is applicable to all kinds of forensic activities of forensic institutions and forensic experts
Article 3 when concting forensic activities, forensic institutions and forensic experts shall abide by laws, regulations, rules, professional ethics and discipline, respect science and abide by technical operation norms
Article 4 the appraiser responsibility system shall be implemented in judicial expertise. The judicial expert shall independently, objectively and fairly conct the appraisal according to law, and shall be responsible for the appraisal opinions made by himself
Article 5 forensic institutions and forensic experts shall keep the state secrets and trade secrets they know in their practice activities, and shall not disclose personal privacy
without the consent of the client, it is not allowed to provide information related to the appraisal matters to other people or organizations, unless otherwise stipulated by laws and regulations
Article 6 judicial expertise institutions and forensic experts shall withdraw in accordance with the relevant litigation laws and the provisions of the general principles
Article 7 after being notified by the people's court according to law, a judicial expert shall testify in court and answer questions related to the appraisal matters
Article 8 forensic appraisal institutions shall uniformly collect forensic appraisal fees, and the items and standards of the fees shall be in accordance with the relevant provisions of the state
Article 9 forensic institutions and forensic experts shall be subject to supervision according to law when concting forensic activities. Those who violate relevant laws and regulations shall be given corresponding administrative punishment by judicial administrative organs according to law; In case of any violation of the norms of the judicial expertise instry, the judicial expertise instry organization shall give corresponding instrial sanctions
Article 10 forensic institutions shall strengthen the management and supervision of forensic activities of forensic experts. If a judicial expert violates these general rules or the administrative provisions of the judicial expert institution to which he belongs, the judicial expert institution shall make corrections< Chapter II entrustment and acceptance of judicial expertise Article 11 judicial expertise institutions shall uniformly accept the entrustment of judicial expertise
Article 12 when accepting an appraisal entrustment, a judicial appraisal institution shall require the client to issue an appraisal entrustment letter, provide the identity certificate of the client, and provide the appraisal materials required for the entrusted appraisal. Where the principal entrusts another person to act as agent, it shall require a power of attorney
the identification materials referred to in this general rule include inspection materials and identification data. Test materials refer to biological test materials and non biological test materials related to identification matters; Identification data refer to the records related to identification items on various carriers
the power of attorney shall specify the name of the client, the name of the judicial appraisal institution to be entrusted, the matters entrusted for appraisal, the purpose of appraisal and the appraisal requirements
if the entrusted appraisal item belongs to re appraisal, it should be indicated in the power of attorney
Article 13 the client shall provide authentic, complete and sufficient appraisal materials to the judicial appraisal institution, and shall be responsible for the authenticity and legality of the appraisal materials
the client shall not require or imply that the forensic appraisal institution and the forensic appraiser provide expert opinions according to their intention or specific purpose
Article 14 after receiving the entrustment, a judicial appraisal institution shall review the entrusted appraisal matters, and accept the appraisal entrustment that belongs to the scope of its judicial appraisal business, the purpose of the entrusted appraisal matters and the appraisal requirements are legal, and the appraisal materials provided are true, complete and sufficient
if the appraisal materials provided are incomplete or insufficient, the judicial appraisal institution may require the client to supplement them; If the client has completed the supplement, it may accept it
Article 15 a forensic appraisal institution shall make an immediate decision on the acceptance of a qualified appraisal commission; If the acceptance can not be decided immediately, the decision on whether to accept or not shall be made within seven working days and the client shall be informed; If an appraisal entrustment is proposed by letter, a decision on whether to accept it or not shall be made within 10 working days, and the client shall be informed; For a difficult, complex or special appraisal matter, the time for acceptance may be determined through consultation with the client< Article 16 the judicial appraisal institution shall not accept the appraisal entrustment under any of the following circumstances:
(1) the entrustment is beyond the scope of the judicial appraisal business of the institution
(2) the appraisal materials are untrue, incomplete or insufficient, or the way of obtaining them is illegal< (3) the purpose of the appraisal item is illegal or against social morality
(4) the appraisal requirements do not conform to the judicial appraisal practice rules or relevant appraisal technical specifications< (5) the appraisal requirements exceed the technical conditions and appraisal ability of the institution< (6) it is not in conformity with the provisions of Article 29 of the general principles< (7) other circumstances that do not conform to the provisions of laws, regulations and rules
if the application is not accepted, the reason shall be explained to the client and the appraisal materials provided by the client shall be returned
Article 17 If a judicial appraisal institution decides to accept an appraisal commission, it shall sign a judicial appraisal agreement with the client on the basis of consensus through consultation< (1) the basic information of the client and the forensic institution
(2) matters and purposes of the entrusted appraisal
(3) requirements for entrusted appraisal
(4) brief information of the cases involved in the entrusted appraisal matters< (5) the catalogue and quantity of the appraisal materials provided by the client< (6) the rights and obligations of both parties in the process of appraisal
(7) appraisal fees and collection methods< (8) other matters that need to be specified
if the test materials need to be exhausted or may be damaged e to the identification, or the test materials cannot be returned completely after the completion of the identification, it shall be explained to the client in advance, and the consent or approval shall be obtained, which shall be stated in the agreement
if the content of the agreement needs to be changed in the process of judicial expertise, it shall be determined by both parties through negotiation< Chapter III Implementation of judicial expertise Article 18 after accepting an appraisal entrustment, a judicial appraisal institution shall appoint a judicial appraiser in the institution who has the qualification for the appraisal
if the client has special requirements, the two parties can also select qualified forensic experts from the agency through consultation
Article 19 a judicial appraisal institution shall appoint or select two judicial appraisers to jointly appraise the same appraisal matter; For difficult, complex or special appraisal matters, more than one judicial appraiser may be designated or selected for appraisal
Article 20 If a forensic expert or his close relatives have an interest relationship with the client, the entrusted appraisal matter or the case involved in the appraisal matter, which may affect his independent, objective and impartial appraisal, he shall withdraw
If a forensic expert proposes to withdraw himself, it shall be decided by his / her own forensic institution; If the client requests the judicial appraiser to withdraw, it shall submit the request to the judicial appraisal institution to which the appraiser belongs, and the decision shall be made by the judicial appraisal institution. If the client disagrees with the decision on whether to withdraw from the judicial appraisal institution, the appraisal commission may be revoked
Article 21 a judicial appraisal institution shall keep and use appraisal materials in strict accordance with relevant technical specifications, strictly monitor the reception, transmission, inspection, preservation and disposal of appraisal materials, and establish a scientific and strict management system
in case of damage or loss of appraisal materials e to serious irresponsibility, the judicial appraisal institution and the judicial appraiser shall bear the responsibility according to law
Article 22 a forensic expert shall abide by and adopt the technical standards and technical specifications in the professional field in the following order:
(1) national standards and technical specifications
(2) the instry standards and technical specifications formulated by the competent department of judicial expertise, the judicial expertise instry organization or the relevant competent department of the instry< (3) technical standards and specifications recognized by most experts in the field
for those who do not have the technical standards and specifications specified in the preceding paragraph, the relevant technical specifications formulated by their own judicial appraisal institutions may be adopted
Article 23 when a forensic expert concts an appraisal, he shall record the appraisal process in real time and sign his name. Records can be made by taking notes, recording, videotaping, photographing, etc. The content of the record shall be true, objective, accurate, complete and clear, and the text or audio-visual carrier of the record shall be properly preserved
Article 24 If a forensic expert needs to have a gynecological examination on a female in the process of identification, it shall be done by a female forensic expert; If there is no female forensic expert, there shall be female staff present
in the process of identification, if it is necessary to have physical examination on minors, their guardians should be informed to be present
in the case of forensic psychiatric identification, the client or his close relatives or guardians shall be informed to be present
if the samples need to be extracted at the scene, they should be extracted by at least two forensic experts, and the client should be informed to be present to witness
If autopsy is needed, the client or close relatives or guardians of the deceased shall be informed to witness
Article 25 in the process of appraisal, if a judicial appraisal institution encounters special complicated, difficult and special technical problems, it may consult experts in relevant professional fields outside the institution, but the final appraisal opinions shall be given by the judicial appraisers of the institution
Article 26 a judicial appraisal institution shall complete the appraisal of the entrusted matters within 30 working days from the date of signing the judicial appraisal agreement with the client
if the identification involves complex, difficult and special technical problems or the inspection process takes a long time, the time for completing the identification can be extended with the approval of the person in charge of the organization, and the extension time shall not exceed 30 working days
if there is another agreement between the forensic institution and the client on the time limit for completing the appraisal, such agreement shall prevail
the time required to supplement or re extract the identification materials in the identification process is not included in the identification time limit
Article 27 in the process of appraisal, a judicial appraisal institution may terminate the appraisal under any of the following circumstances:
(1) it is found that the purpose of the entrusted appraisal is illegal or against social morality
(2) the appraisal materials provided by the client are untrue or the acquisition method is illegal
(3) the client is unable or refuses to provide additional qualified appraisal materials e to incomplete or insufficient appraisal materials, or e to exhaustion or damage of appraisal materials
(4) the client's appraisal requirements or the technical requirements required to complete the appraisal exceed the agency's technical conditions and appraisal capability< (5) the client fails to perform the contract
6. Theoretically, it is 50 PA for each, but in practical application, considering the relationship between the action position of the force (partial load), it is possible that the two applied forces will not be evenly distributed, one more and one less.
7. 1. Forensic identification mainly accepts the identification entrusted by Public Security Bureau, procuratorate and court. If a case handled by a county public security organ requires forensic identification of personal injury, the forensic identification of the county public security organ shall be entrusted for the first time and shall not exceed its authority
2. The entrusted identification is concted by the case handling unit, and the forensic identification entrusted in the name of an indivial is not authorized
3. Before entrusting forensic expertise, the case handling unit of the public security organ should prepare sufficient identification materials and submit them to the forensic for examination. The injured party should cooperate with the case handling unit to provide medical records, examination reports, imaging diagnosis data (X-ray, CT, etc.) and other identification data
4. Forensic medicine should carry out physical examination on the identified person, and can ask for additional identification materials. It has the obligation to determine the identification time. The entrusting unit and the appraisee shall cooperate with the forensic appraisal
5. For the identified person whose mobility is seriously limited, the case handling unit and forensic medicine can go to the location of the identified person for physical examination
6. If the case handling unit or the parties to the case think that the reasons for the conclusion (or opinion) of the forensic expertise are insufficient, incomplete, new materials are found and new questions are answered, the case handling unit can entrust the forensic expertise who made the original identification to conct supplementary identification
7. If the parties to the case think that they have any objection to the conclusion (or opinion) of the forensic identification, they can apply to the case handling unit for entrusting the forensic identification of the public security organ at the next higher level to conct the re identification.
2. The entrusted identification is concted by the case handling unit, and the forensic identification entrusted in the name of an indivial is not authorized
3. Before entrusting forensic expertise, the case handling unit of the public security organ should prepare sufficient identification materials and submit them to the forensic for examination. The injured party should cooperate with the case handling unit to provide medical records, examination reports, imaging diagnosis data (X-ray, CT, etc.) and other identification data
4. Forensic medicine should carry out physical examination on the identified person, and can ask for additional identification materials. It has the obligation to determine the identification time. The entrusting unit and the appraisee shall cooperate with the forensic appraisal
5. For the identified person whose mobility is seriously limited, the case handling unit and forensic medicine can go to the location of the identified person for physical examination
6. If the case handling unit or the parties to the case think that the reasons for the conclusion (or opinion) of the forensic expertise are insufficient, incomplete, new materials are found and new questions are answered, the case handling unit can entrust the forensic expertise who made the original identification to conct supplementary identification
7. If the parties to the case think that they have any objection to the conclusion (or opinion) of the forensic identification, they can apply to the case handling unit for entrusting the forensic identification of the public security organ at the next higher level to conct the re identification.
8. From Beijing south station, take Metro Line 4 to Jiaomen west station, change to line 10, take line 10 to Songjiazhuang station, change to line 5, take line 5 to Datun Road East Station, get out from entrance A1 (southwest entrance), walk to Datun Road East bus station, take No. 415 (or 538) to Datun south station, walk about 190 meters to rock times center. Or from the subway out, a taxi starting price can reach the destination.
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