Sichuan held a symposium on judicial expertise, complaints and administrative reconsideration
Date：2017-08-22 Hits：3101
Recently, Sichuan organized a special symposium on judicial appraisal complaints and administrative reconsideration held by some relevant personnel of judicial bureaus and appraisal institutions, carefully analyzed the common problems reflected in complaints and the risk points existing in complaint handling and administrative reconsideration, and targeted measures to improve and promote the rectification of problems.
Combining with the administrative reconsideration cases related to forensic expertise, the conference made a research and summary on preventing the risk of forensic expertise and standardizing the handling of complaints, and analyzed the cases of forensic expertise and administrative reconsideration since 2016 one by one. In recent years, the main common problems reflected in effective complaints in Sichuan are: the identification procedure is not standardized. Some appraisal organizations and appraisers do not attach importance to the importance of procedures, attach importance to substantive conclusions rather than appraisal procedures, lack of evidence awareness, leading to complaints from the parties. The two is the improper use of identification standards. Some appraisers substitute their own experience for technical standards, do not pay attention to the updating of standards, do not learn enough about standards, and there are deviations in understanding, leading to the parties to disagree with the appraisal opinions. The three is the absence of quality management and supervision of judicial expertise institutions. The internal quality control mechanism and means are not perfect, and it is difficult to find problems in the identification in advance; fourth, illegal fees. Some appraisal institutions fail to fully fulfill their obligation to inform, and in the absence of an agreement with the client, they charge the appraisal costs that belong to their own institutions repeatedly to the parties concerned. Others let the appraisers contact and deal with the appraisal fees themselves, causing dissatisfaction among the parties concerned. In particular, the risks in handling complaints and administrative reconsideration are mainly manifested in the following aspects: overdue processing time limit, incomplete investigation, incorrect application of laws and regulations, failure to inform relief channels, failure to inform extension period, incorrect application of standards, incomplete response to complaints, etc.
Judicial appraisal is related to the overall situation of ruling the country according to law in an all-round way. We must take comprehensive measures to deal with both symptoms and symptoms, standardize the practice of judicial appraisal, strengthen the supervision and management of judicial appraisal, deal with complaints in detail and with them in a highly responsible way, and improve the ability and level of practice by handling complaints and rectifying complaints. First, strict professional admittance. We should clarify the conditions for occupational access, raise the threshold for examination and approval, strengthen pre-job training and education for appraisers, and strictly evaluate and assess them. The two is to standardize the handling of complaints. We should learn from experience and lessons, strengthen business learning, master and apply the Procedures for Handling Complaints in Judicial Expertise Practice and opinions on Further Strengthening the handling of complaints in Judicial Expertise. The three is to clarify and refine responsibilities. Municipal and prefectural judicial bureaus and appraisal bodies should perform their respective duties well. The administrative organs should pay special attention to details and procedures in their work. When responding to the complaints of the parties, they should follow the rules and regulations legally, have complete contents and be strict and standardized. In order to play a good role as the first gateway, appraisal bodies need to strictly examine and risk before deciding to accept the entrustment. We should carefully study and entrust carefully the materials entrusted to the risk of complaints. Four, we should do a good job in the practice of honesty, standardization and informatization. We should strengthen supervision through honesty and credit construction, promote the standardization of practice by informatization construction, and guarantee the quality of appraisal by standardization construction. In terms of professional ethics, professional norms and professional competence, we should strengthen education and training, strengthen internal and external constraints, eliminate loopholes in working procedures, prevent appraisers from violating professional ethics, and effectively enhance the credibility of the judicial appraisal industry.
