Judicial expertise evaluation provides important judgment information in legal litigation cases, and it needs to be charged to entrust a judicial expertise institution to identify the specialized issues involved in the case. In order to standardize the charging behavior of judicial expertise, Jiangsu Province issued the Notice on Standardizing the Charging Standard of Judicial Expertise in Jiangsu Province. The charging behavior of judicial expertise in Jiangsu Province is hereby notified as follows: 1. A judicial expertise institution that has been examined and registered by the Jiangsu Provincial Department of Justice and received the Judicial Appraisal License, and is entrusted by the client to provide judicial expertise recognized by the registration administration organ, may charge the judicial expertise fee from the client according to the charging items and standards specified in this notice (see the annex for details). Other appraisal matters and appraisal institutions that have not been examined and registered by the Jiangsu Provincial Department of Justice shall not charge fees according to the relevant provisions of this notice. Two, the judicial expertise fee belongs to the service charge, and must follow the principles of openness, fairness, fair competition, honesty and credit, and voluntary compensation. No unit or individual may specify the service or impose charges. Three, the judicial authentication institutions entrusted to provide judicial authentication services, shall sign a "judicial authentication agreement" with the client. Clarify the entrusted matters, the rights and obligations of both parties, clarify the charging items, standards, payment methods, payment time and other matters, and provide qualified services in strict accordance with the General Principles of Judicial Appraisal Procedure and technical standards (specifications). Four, the judicial authentication institutions to provide expert advice and identification of the same entrusted matters, can only charge appraisal fees, not consulting fees. If the client only requests the judicial authentication institution to provide consulting services, it shall be charged according to the standard of appraisal consulting fees in the annex of this notice. 5. In the process of judicial authentication, the expenses for terminating authentication, supplementary authentication and re-authentication shall be implemented in accordance with the relevant provisions of the General Principles of Judicial Authentication Procedure: (1) Termination of authentication expenses. In the process of authentication, if one of the circumstances listed in Article 27 of the General Rules for Judicial Authentication Procedure occurs and the authentication needs to be terminated without the fault of the judicial authentication institution or the judicial appraiser, the judicial authentication institution will deduct the actual expenses from the fees charged for undertaking the judicial authentication business after timely terminating the authentication, returning the relevant authentication materials and explaining the reasons to the client, and the difference will be refunded more and supplemented less. At the time of settlement, the client shall be provided with a list of relevant expenses and valid vouchers. (2) Supplementary appraisal fee. Under any of the circumstances listed in Article 28 of the General Principles of Judicial Appraisal Procedure, if supplementary appraisal is needed, the original judicial appraisal institution shall be entrusted to charge 60% of the highest standard; Other judicial authentication institutions may charge fees according to the prescribed project standards. (3) Re-appraisal fee. In the process of authentication, due to the fault of the judicial authentication institution or the judicial appraiser, one of the circumstances listed in Article 29 of the General Principles of Judicial Authentication Procedure occurs, and the client proposes to terminate the entrustment relationship, the original judicial authentication institution shall terminate the authentication in time, return the relevant authentication materials, and fully refund the collected authentication fees; The judicial authentication institutions shall accept the fees entrusted for re-authentication, and implement the prescribed charging items and standards. Six, in case of complex, difficult and special technical problems, the two sides can negotiate, in the original identification of the highest standard of 30% charges. If a judicial authentication institution really needs to consult relevant experts within its approved business scope, with the consent of the client, the expert service fee shall be collected in accordance with the relevant provisions of the Nanjing Judicial Authentication Institution Charge Standard. Seven, the judicial authentication fees paid by the client shall be collected by the judicial authentication institution, and the judicial appraiser shall not charge any fees from the client without permission. After collecting fees, the judicial authentication institution shall issue legal bills to the entrusting party. Eight, to meet the conditions of legal aid clients to apply for judicial expertise, judicial expertise institutions can be reduced. Nine, the judicial authentication shall generally issue a judicial authentication document within 30 working days from the date of acceptance. In complex and difficult cases, if the time limit for authentication really needs to be extended, it may be appropriately extended with the approval of the person in charge of the judicial authentication institution, and the extension time shall generally not exceed 30 working days. Unless otherwise stipulated by the national or provincial price department, the judicial authentication institution shall not ask the client to pay more for extending the authentication time. Ten, in the process of providing forensic services, the transportation, accommodation, living expenses and lost time subsidies incurred by judicial appraisers for testifying in court on the date specified by the people's court do not belong to the judicial appraisal fees. Specifically, the people's court shall collect fees from the parties in accordance with the standards prescribed by the state and deliver them to the authentication institution, and the judicial authentication institution or judicial appraiser shall not charge the parties repeatedly on this ground. After obtaining the consent of the entrusting party, the judicial authentication institution shall provide the entrusting party with a list of relevant expenses and valid vouchers when settling the case file retrieval fee and data fee paid on its behalf. Eleven, after the completion of the judicial authentication, the judicial authentication institution shall submit the authentication documents in triplicate to the client on time. If the client needs to increase the number of copies or provide foreign language translation, a fee will be charged. Each Chinese version of the appraisal document shall not exceed RMB 65,438+00, and each translation shall not exceed that of 40 yuan. Twelve, the judicial authentication institutions must strictly implement the charging items and standards stipulated by the competent price department, and shall not increase the charging items, raise the charging standards and expand the charging scope without authorization; And in accordance with the provisions of the implementation of clearly marked price system, fee permit system, annual fee review system, to be in a prominent position in the charging place publicity related charging items, standards and the supervision and reporting telephone number of the competent price department and industry organizations, and consciously accept the supervision of the competent price department, the client and all aspects of society. Thirteen, the client believes that the judicial authentication institutions do not implement the provisions of the judicial authentication fees or other price violations, you can report to the competent price department, the department will investigate and deal with it according to law. If there is any dispute over the fees for judicial authentication, the judicial authentication institution shall settle it through consultation with the entrusting party. If negotiation fails, it may be submitted to the judicial authentication industry where the authentication institution is located for mediation, or it may apply for arbitration or bring a lawsuit to the people's court according to law. Fourteen, division of medicine, material evidence, audio-visual materials, other judicial expertise matters approved by the provincial judicial administrative organs for registration, in accordance with the current standards. If there are new policies and regulations, they shall be implemented according to the new regulations. Fifteen, this notice shall come into force as of the date of issuance, and if there are other provisions of the state and the province during the implementation period, those provisions shall prevail.
Legal objectivity:
Measures for the administration of judicial expertise fees
Article 5
The fees for forensic medicine, physical evidence and audio-visual materials shall be subject to government guidance or government pricing management.
Measures for the administration of judicial expertise fees
Article 6
The competent price department of the State Council, jointly with the judicial administrative department at the same level, is responsible for formulating the Measures for the Administration of Judicial Appraisal Fees and the Benchmark Price and Standard of Judicial Appraisal Fees (attached with Benchmark Price and Standard of Judicial Appraisal Fees (for Trial Implementation)).
Measures for the administration of judicial expertise fees
Article 8
The judicial appraisal fee for property-related cases shall be accumulated in sections according to the smaller value of the litigation object and the appraisal object. The specific ratio is as follows:
(a) no more than 6.5438 million yuan, in accordance with the charging standards listed in the annex to these measures;
(two) more than 654.38 million yuan to 500 thousand yuan, according to 1%;
(three) the part of more than 500 thousand yuan to 6.5438+0 million yuan, according to 0.8%;
(four) the part of 6.5438+0 million yuan to more than 2 million yuan, according to 0.6%;
(five) more than 2 million yuan to 5 million yuan, according to 0.4% levy;
(six) more than 5 million yuan to 6.5438 million yuan, according to 0.2%;
(seven) more than 6.5438 million yuan, according to 0. 1%.
For the large amount of the subject matter, the provincial price department in conjunction with the judicial administrative department at the same level may formulate the upper limit of the amount of the judicial appraisal fee according to the local actual situation.
The charges for judicial expertise in property-related cases mentioned in the first paragraph of this article are only applicable to the identification of material evidence documents in judicial expertise and fingerprint identification in trace identification, and are not applicable to other appraisals.