Shicheng county lawyer
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Lawyer xiuwen county.
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Chengjiang county lawyer
In recent years, judicial expertise has played a very important role in court cases. The results issued by judicial authentication institutions can be used as evidence to some extent. It is for this reason that China's appraisal management of judicial institutions is very strict. Not all institutions can engage in judicial expertise at will. If you want to set up a judicial authentication institution, how to obtain the qualification of judicial authentication?
First, how to obtain the qualification of judicial expertise
(1), condition
A legal person or any other organization applying to engage in judicial authentication business shall meet the following conditions:
(1) Having its own name and domicile. The name of the institution needs the pre-approval of the ministries and agencies, and the institution can apply for qualification without verification; The residence of this institution needs more than 65,438+000 square meters of practice places suitable for conducting judicial expertise activities, including reception rooms, appraisal rooms and archives rooms.
(2) The registered capital is not less than 6,543.8+0,000 yuan.
(3) Having a clear business scope of judicial expertise;
(4) Having instruments and equipment necessary for judicial expertise within its business scope;
(5) Having a testing laboratory that has passed metrological certification or laboratory accreditation according to law and is necessary for judicial authentication within its business scope;
(six) each judicial authentication business has more than five judicial appraisers.
(II) Materials to be submitted
A legal person or any other organization applying for engaging in judicial authentication business shall submit the following application materials:
1, application form for pre-approval of the name of the judicial authentication institution to be established, and the original institution may apply for qualification without approval;
2, the judicial authentication institution registration application form;
3. Articles of association;
4. Relevant documents proving the identity of the applicant (such as industrial and commercial business license, association registration certificate, etc.). );
5. Proof of domicile (title certificate or lease contract);
6 proof of funds, with a capital verification report issued by an accounting firm;
7. Relevant industry qualifications and qualification certificates (such as engineering cost, land evaluation, real estate evaluation, asset evaluation and other business qualifications);
8, instrument and equipment description and ownership certificate (description should include the instrument, equipment name, purpose, purchase date and price, etc.). );
9, laboratory, testing laboratory certification and accreditation certificate (not through the certification and accreditation can be submitted to the certification and accreditation plan)
10, the relevant materials of the judicial appraiser's application for practice.
1 1, relevant internal management system materials (mainly including the entrusted acceptance system, the unified charging system for receiving cases, the appraisal avoidance system, the expert testimony system, the appraisal document examination and approval system, the appraisal document file management system, and the responsibility investigation system for wrong appraisal);
12. Other materials that the registration authority thinks should be submitted.
Second, how to inquire about the qualification of the judicial appraisal institute?
The client shall also examine the qualification of the judicial authentication institution. How to conduct the review? In China, judicial authentication institutions determine the business scope, review the qualification and ability of authentication business, limit the business scope and issue authentication qualification certificates through local judicial administrative departments. Therefore, the business scope that each judicial authentication institution can authenticate is different.
1. Patients and their families can log in to the local (city, county) judicial bureau or (province, autonomous region, municipality directly under the central government) judicial department official website or telephone for consultation if they need to know the business scope of judicial authentication institutions.
2. The "medical schools" and "medical research institutes" around the country are often places where medical technical experts are concentrated. There are also institutions that carry out clinical medical judicial expertise, and you can contact them for related matters.
3. Patients and their families can choose and determine large-scale medical institutions (often higher-level hospitals, such as tertiary hospitals or specialized hospitals) according to local specific conditions. However, the "credibility" of the same medical institution is often questioned.
The qualification of judicial expertise includes the registered capital of the institution, the number of appraisers, machinery and equipment, etc. The application filed by the judicial organ requires higher professional qualifications and qualifications. Moreover, its registered capital shall not be less than 6,543,800 yuan, and the business scope of the institution must be clearly written when applying, and an application for qualification must be submitted.
Extended reading:
Who is the payer of the judicial expertise fee, and does the losing party bear the judicial expertise fee?
How to write the application for judicial expertise?
20 17 latest charging standard for judicial expertise