Judicial appraisal institutions are frequently chaotic, how to supervise? How to inform the commitment system to "reduce the certificate and facilitate the people" and let the masses run less errands? On August 17, the Guangdong Provincial Department of Justice launched the live broadcast program "Guangdong People's Voice Hotline" to respond to people's livelihood concerns on the above hot topics.
Voice hotline scene correspondent /interviewee Wen Fangfang Courtesy photo
Judicial appraisals are to implement strict access and strict supervision
Judicial appraisal refers to the activities of appraisers using science and technology or specialized knowledge to identify, judge, and provide appraisal opinions on specialized issues involved in litigation during the course of litigation. In accepting major and professional cases, judicial appraisal opinions are an important basis for judges to judge cases.
However, recently some lawyers and parties have reported that due to the suspicion of unfairness in judicial evaluation, it has ultimately affected the court's judgment. How to supervise the lack of appraisal qualifications of appraisal institutions and practitioners, and the issuance of appraisal reports before they arrive at the appraisal site? "For the judicial appraisal of the four major types of forensic appraisal institutions, once it is found that the appraiser lacks qualifications, or negotiates with the parties to lower the appraisal price and other illegal acts, it is absolutely a single and a single is severely punished." Chen Wuming, director of the Public Legal Service Management Division of the Provincial Department of Justice, said that in accordance with the decision of the Standing Committee of the National People's Congress on the management of forensic appraisals, at present, a state registration management system is implemented for appraisers and appraisal institutions engaged in the appraisal of forensic medicine, physical evidence, audio-visual materials, and environmental damage compensation appraisals.
At the same time, the public's perception of forensic institutions and their reporting functions is also critical. "In the past, judges often used the results of judicial appraisals as the conclusion of the case to certify, and the lawsuit became predetermined before trial. Now, after the revision of the three major procedural laws, the judicial appraisal has changed from the original trial conclusion to a reference evidence and opinions, so all parties must be prepared for knowledge and reserve their abilities. "Song Ruliang, director of the Guangdong Research Center for the Rule of Law, suggested that when faced with the appraisal results, if the parties have objections, they can promptly raise them in court, and the appraisal results are not the final ruling, and the two parties can rule on their reasonable legality in court, or they can eliminate it." Once the appraisal results are excluded, it means that the appraisal institution operates irregularly or mistakenly, and the appraisal fee paid by the parties shall be refunded. The change in the people's concept is conducive to forming a more powerful constraint on the forensic identification industry. ”
The 24 certification items of "reducing certificates and facilitating the people" were changed to the system of notification and commitment
Difficult to get a certificate, run more errands? "After the implementation of the reform of the notification and commitment system, when handling relevant business, citizens do not need to run errands back and forth to submit paper certificates, and only need to make written commitments to handle it on the spot." Chen Chunsheng, deputy director of the Provincial Department of Justice, introduced that since the beginning of this year, in order to deepen the reform of "decentralization of services" and optimize the business environment, the "Implementation Plan for the Comprehensive Implementation of the Notification and Commitment System for Certification Matters in Guangdong Province" was issued, and the certification materials provided by administrative organs at all levels or organizations authorized by laws and regulations with the function of managing public affairs to handle administrative permits, administrative confirmations, administrative payments and other administrative matters required by the application were comprehensively implemented throughout the province.
At present, our province has fully implemented a total of 31 certification items of the notification and commitment system at the provincial, municipal and county levels, covering five key areas such as public security, civil affairs, justice, agriculture and rural areas, and health and health. According to the "List of Certification Items for the Implementation of the Notification Commitment System in the Judicial Administrative System of Guangdong Province (First Batch)" issued by the Provincial Department of Justice, 24 specific certification items, including "proof of residence", "proof of receiving minimum subsistence security", "certificate of low-income and difficult families", "families with disabilities with difficulties, severe disabilities and no fixed source of livelihood or certificates of multiple disabilities in one household", accounting for 77% of the total number of items implemented in the province.
As one of the implementation units of the implementation of the system of notification and commitment of certification matters, the Provincial Department of Justice requires all departments to adhere to three principles when combing and confirming the implementation matters: First, all cancellations without legal and regulatory basis are cancelled. The second is to maximize the benefit of the people and facilitate the people. For the certification matters that have been electronically linked or exempted from submission in our province, they must be handled in accordance with the established procedures, and must not be "simplified into complicated", and such matters are still included in the scope of the implementation of the notification commitment system. Third, the matters of proof should be reduced to the fullest. For certification matters that have a basis in laws and regulations and are still retained at this stage, actively accelerate the promotion of alternative cancellation through methods such as notification of commitments.
"Since the comprehensive implementation of the system of notification and commitment of certification matters, all localities and departments in the province have actively cooperated and promoted in a timely manner in accordance with the deployment, and have achieved remarkable results." Chen Chunsheng introduced that taking Shanwei City as an example, it took the lead in creating a "city without certificates" in the province, improved the working mechanism for handling notification commitments, and formulated and issued the "Provisions on the Implementation of the Notification and Commitment System for Certification Matters in Shanwei City (Trial)". At present, the city has cancelled a total of 7619 various types of certification materials, of which 730 are directly cancelled by "no provisions in the law" and 6889 are replaced by the cancellation of 6889 certification materials that have "laws and regulations", which plays a good demonstration role.
[Reporter] Wang Jiaxin
[Correspondent] Hu Zhizhi
【Author】 Wang Jiaxin
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