What are the contents of the new judicial expertise standard 2022?

The principle of judicial expertise the principle of legality of judicial expertise means that judicial expertise activities must strictly abide by the provisions of national laws and regulations. It is the premise to judge whether the appraisal process and results are legal and whether the appraisal conclusion has the effect of evidence. This principle is mainly embodied in the process of legislation and appraisal: the appraisal subject is legal; The identification materials are legal; The evaluation procedure is legal; Identification steps, methods and standard combination methods; Five aspects of legality of appraisal results. 1. The judicial authentication institution must be a legal authentication institution that has obtained the right to execute judicial authentication according to the provisions of laws, regulations and departmental rules, or a specific authentication institution entrusted according to the prescribed procedures. The judicial appraiser must be a natural person who meets the prescribed conditions and has obtained the professional qualification license of the judicial appraiser. 2. Judicial authentication materials mainly refer to the objects of authentication and the samples (samples) to be compared. The object of appraisal must be the special problem in the case stipulated by law, and the special problem not stipulated by law cannot be used as the object of judicial appraisal. For example, at present, China's judicial psychological measurement (commonly known as polygraph) and odor identification (police dog identification) are not legal identification objects, and their identification conclusions cannot be used as evidence. Moreover, identify the source of materials (including extraction, preservation, transportation, supervision, etc. ) must comply with the requirements of relevant laws and regulations. 3. The legality of the identification procedures in the submission, decision and entrustment, acceptance, implementation, supplementary identification, re-identification and expert identification of judicial expertise must comply with the provisions of the procedural law and other relevant laws, regulations and departmental rules. 4. The steps and methods of appraisal shall be confirmed to be effective according to law, and the appraisal standards shall conform to the national statutory standards or departmental (industry) standards. 5, the legitimacy of the appraisal results, mainly for the legitimacy of the judicial authentication documents. The appraisal document must have the document format and necessary contents stipulated by law, and the appraisal conclusion must meet the evidence requirements and legal norms. Implementation of Judicial Appraisal Article 18 After accepting the entrustment of appraisal, a judicial appraisal institution shall designate a judicial appraiser with professional qualifications to engage in appraisal matters. If the client has special requirements, both parties can also negotiate to select a qualified judicial appraiser of this institution for appraisal. The client may not ask or imply that the judicial authentication institution or judicial appraiser provides expert opinions according to its intention or specific purpose. Article 19 A judicial authentication institution shall designate or select two judicial authenticators to authenticate the same authentication matter; For complex, difficult or special authentication matters, several judicial appraisers may be appointed or selected for authentication. Twentieth judicial appraiser himself or his close relatives have an interest in the parties to the case or the appraisal matters, which may affect the independence, objectivity and impartiality of the appraisal, and should be avoided. A judicial appraiser who participates in the appraisal of the same appraisal matter, or who provides advice as an expert, or who is hired as a person with specialized knowledge to participate in the court cross-examination of the same appraisal matter, shall withdraw. Article 21 The withdrawal of a judicial expert shall be decided by the judicial authentication institution where he belongs; If the client requests the judicial appraiser to withdraw, he shall submit it to the judicial authentication institution to which the judicial appraiser belongs, which shall decide. If the client disagrees with the decision made by the judicial authentication institution whether the judicial appraiser should withdraw, the entrusted appraisal may be revoked. Article 22 A judicial authentication institution shall establish an authentication material management system and strictly monitor the receipt, storage, use and return of authentication materials. Judicial authentication institutions and judicial appraisers shall keep and use authentication materials in strict accordance with technical specifications in the process of authentication. If the appraisal materials are damaged or lost due to serious irresponsibility, it shall be liable according to law. Article 23 A judicial appraiser shall observe and adopt the technical standards, technical specifications and technical methods in the professional field in the following order: (1) National standards; (2) Industry standards and technical specifications; (3) Technical methods recognized by most experts in this field. Article 24 A judicial appraiser has the right to know the case materials needed for the appraisal, and may consult and copy the relevant materials, and may ask the parties and witnesses when necessary. With the consent of the client, the judicial authentication institution may send personnel to the site to extract the authentication materials. On-site extraction of authentication materials shall be carried out by no less than two staff members of the judicial authentication institution, at least one of whom is a judicial appraiser of authentication matters. When extracting the authentication materials on site, the personnel designated or entrusted by the client shall be present to witness and sign the extraction record. Twenty-fifth in the process of identification, it is necessary to have a physical examination of a person with no capacity for civil conduct or a person with limited capacity for civil conduct, and shall notify his guardian or close relatives to be present to witness; When necessary, the client may be notified to be present to witness. If a forensic psychiatric appraisal is conducted on the appraiser, the client or the close relatives or guardians of the appraiser shall be notified to be present to witness. If an autopsy is required, the parties concerned or the close relatives or guardians of the deceased shall be notified to be present to witness. The on-site witness shall sign the appraisal record. If the witness is not present, the judicial appraiser shall not carry out relevant appraisal activities, and the delay time shall not be included in the appraisal time limit. Twenty-sixth in the process of identification, it is necessary to carry out forensic clinical examination on the body of the identified person, and necessary measures should be taken to protect its privacy. Article 27 A judicial appraiser shall make a real-time record of the appraisal process and sign it. It can be recorded by taking notes, recording, video recording, taking photos, etc. Records shall specify the main identification methods and processes, inspection, inspection and test results, and instruments and equipment used. The recorded contents shall be true, objective, accurate, complete and clear, and recorded written materials, audio-visual materials, etc. Should be stored in the appraisal file. Article 28 A judicial authentication institution shall complete the authentication within 30 working days from the effective date of the Power of Attorney for Judicial Authentication. Identification matters involving complex, difficult, special technical problems or the identification process takes a long time, with the approval of the person in charge of the institution, the time limit for completing the identification can be extended, and the extension time limit shall generally not exceed 30 working days. If the appraisal period is extended, the client shall be informed in time. Where there is another agreement between the judicial authentication institution and the client on the time limit for authentication, 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 29 In the process of authentication, the judicial authentication institution may terminate the authentication under any of the following circumstances: (1) It is found that there are circumstances specified in Item 2 to Item 7 of Article 15 of these General Rules; (2) The appraisal materials are worn out and the client cannot supplement them; (three) the client refuses to perform the obligations stipulated in the power of attorney for judicial authentication, and the appraisee refuses to cooperate or the authentication activities are seriously disturbed, so that the authentication cannot continue; (four) the client voluntarily terminates the entrusted appraisal, or the client or the party refuses to pay the appraisal fee; (five) due to force majeure, the identification can not continue; (six) other circumstances that need to terminate the appraisal. Where the authentication is terminated, the judicial authentication institution shall notify the client in writing, explain the reasons and return the authentication materials. Article 30 Under any of the following circumstances, the judicial authentication institution may make supplementary authentication according to the requirements of the client: (1) The original entrusted authentication items are omitted; (2) The client has provided new appraisal materials for the original entrusted appraisal matters; (3) Other circumstances requiring supplementary appraisal. Supplementary appraisal is an integral part of the original entrusted appraisal, which is conducted by the original judicial appraiser. Article 31 Under any of the following circumstances, the judicial authentication institution may accept the entrustment of the case-handling organ for re-authentication: (1) The original judicial appraiser is not qualified to engage in entrusted authentication matters; (2) The original judicial authentication institution organizes authentication beyond the registered business scope; (3) The original judicial appraiser should have avoided but did not; (4) The case-handling organ deems it necessary to re-authenticate; (5) Other circumstances stipulated by law. Article 32 Re-authentication shall be entrusted to other judicial authentication institutions other than the original judicial authentication institutions; For special reasons, the client may also entrust the original judicial authentication institution, but the original judicial authentication institution shall designate other qualified judicial authenticators other than the original judicial authenticators. The qualification conditions of the judicial authentication institution entrusted by the re-appraisal shall not be lower than those of the original judicial authentication institution, and at least one judicial appraiser who re-appraises shall have the relevant professional senior professional technical title. Thirty-third in the process of identification, involving complex, difficult or specialized technical issues, you can consult experts in related professional fields outside the institution, but the final expert opinion should be issued by the judicial appraiser of the institution. Expert opinions shall be signed and stored in the appraisal file. Article 34 The case-handling organ may entrust the judicial authentication industry association to organize and coordinate a number of judicial authentication institutions to authenticate the authentication matters involving major cases or particularly complicated, difficult and special technical problems or multiple authentication categories. Thirty-fifth after the judicial appraiser completes the appraisal, the judicial authentication institution shall designate personnel with corresponding qualifications to review the appraisal procedures and opinions; For identification matters involving complex, difficult, special technical problems or re-identification, more than three experts can be organized to review. After completing the review, the reviewer shall put forward the review opinions and sign them, and store them in the appraisal file. To sum up, we can know what the new standards and regulations of judicial expertise are. Judicial expertise is widely used. For example, in some litigation cases such as medical disputes, traffic accidents, criminal cases, etc. It is a very objective evidence of the appraisal conclusion and plays a great role in promoting the case. It is usually sent by the party concerned or the relevant person in charge.