Source: Department of Justice of Guangxi Zhuang Autonomous Region
的背景 I. Background for the Formulation of the Measures for the Evaluation of Credit Ratings in the Judicial Appraisal of the Guangxi Zhuang Autonomous Region (Trial)
Forensic appraisal has been relying on its scientific and authoritative vitality since its birth and is committed to defending fairness and justice. Judicial appraisal agencies and appraisers pay attention to credit, strictly abide by professional ethics, and rely on their own qualifications to make correct appraisals according to laws and regulations, which is very important to maintain judicial fairness and credibility. With the development of the new situation and the rapid increase of the judicial appraisal business in our district, various contradictory issues involving judicial appraisal have gradually emerged. The number of related complaints and complaints has increased, the handling difficulty has become increasingly difficult, and some of the appraisal quality has been questioned. In order to obtain illegitimate benefits, some appraisers abandon the principle of good faith, do not strictly abide by laws and regulations and appraisal norms, and make judicial appraisal opinions in violation of laws and regulations; some appraisal agencies have not strengthened self-management, aging equipment has been eliminated, and appraisers' knowledge has been updated slowly. , Low level of qualifications, low qualifications and capabilities of appraisal agencies and appraisers made appraisal opinions can not stand the test, can not adapt to the new situation of the judicial system reform requirements, etc., these behaviors and phenomena have affected judicial justice to a certain extent, people There is growing concern about the integrity of forensic expertise. At the same time, our district has always lacked a system of assessing and disclosing forensic appraisal institutions, appraisers' qualifications, integrity, and public disclosure, which has affected judiciary institutions and parties to choose entrusted judicial appraisal institutions. It is also not conducive to the healthy development of the judicial appraisal industry. All circles call for the disclosure of the qualifications and credit information of judicial appraisal agencies, increase the transparency of judicial appraisal, and create conditions for the parties to safeguard their legitimate rights and interests as much as possible.
In order to strengthen the judicial appraisal management through credit rating evaluation work, laws and regulations related to judicial appraisal stipulate that the judicial administrative department is responsible for the integrity evaluation of judicial appraisal. ，淘汰资质低、诚信度差的鉴定人和鉴定机构。 The "Guangxi Zhuang Autonomous Region's Implementation Opinions on Improving the Unified Judicial Authentication Management System" issued by the General Office of the Party Committee and the General Office of the Autonomous Region proposes the establishment of a judicial appraisal elimination and withdrawal mechanism, which is eliminated through the public release of appraisers and appraisal agency qualifications, integrity, and assessment information Appraisers and appraisal agencies with low qualifications and poor integrity. 相关政策法律法规规章，参考一些兄弟省区的做法，结合我区的实际情况，自治区司法厅制定了《广西壮族自治区司法鉴定信用等级评定办法（试行）》。 In accordance with relevant policies, laws, regulations and rules, with reference to the practices of some fraternal provinces and regions, and in accordance with the actual situation of our region, the Judicial Department of the Autonomous Region has formulated the "Guangxi Zhuang Autonomous Region Judicial Evaluation Credit Rating Evaluation Method (Trial)".
Significance of Carrying out the Judgment Credit Rating
Forensic appraisal credit rating is an important part of judicial appraisal supervision and management activities.
(1) Carrying out the evaluation of forensic credit rating is an important measure to implement the reforms of the central and Guangxi government to implement a unified and unified judicial identification management system and the construction of the social credit system. 建立完善司法鉴定淘汰退出机制。 Since last year, the central and Guangxi provinces have standardized the unified judicial appraisal management system. The normative documents require the establishment of an authenticity evaluation system for appraisers and appraisal institutions, publicize the results of evaluation to the society, and establish a perfect mechanism for the elimination and withdrawal of judicial appraisal. 时，2016年国务院下发了关于建立完善守信联合激励和失信联合惩戒制度加快推进社会诚信建设的指导意见，今年自治区人民政府印发了一系列贯彻落实文件，推进我区社会信用体系建设。 At the same time , in 2016, the State Council issued guidance on the establishment and improvement of a trustworthy joint incentives and untrustworthy joint punishment system to accelerate the development of social integrity. This year, the People's Government of the Autonomous Region issued a series of implementation documents to promote the construction of the social credit system in our region. Therefore, the construction of the judicial authentication credit system will help promote the reform of the judicial authentication management system and promote the improvement of the construction of the entire social credit system.
(2) Carrying out the evaluation of forensic credit rating is an important way to create a benign competition environment for forensic authentication and promote the healthy development of the forensic authentication industry in our region. In order to gain more benefits, some appraisal agencies and appraisers have increased their popularity through illegal commitments and false publicity. They have degraded their peers' credibility through malicious attacks and slandering each other. This has led to chaos in the industry and muddling fish, which is not conducive to the healthy development of the industry. . Therefore, the establishment of a judicial evaluation credit evaluation system, scientific evaluation of judicial evaluation credit status, disclosure of judicial evaluation information, increase the transparency of judicial evaluation, create conditions for case management agencies and parties to select the best evaluation, to create a healthy competition environment for the industry and promote the healthy development of the industry It means a lot.
(3) Carrying out the evaluation of forensic credit rating is an important guarantee for improving the quality of judicial appraisal and the capacity of judicial appraisal service litigation activities. 盈利 、不注重遵纪守法，注重快鉴定、不注重内部规范 ； 存在重复鉴定、多头鉴定、虚假鉴定、错误鉴定等影响鉴定质量和权威的隐患，被投诉查实存在违法违规鉴定行为逐步增多，在一定程度上影响了行业形象和司法公正。 At present, due to the increasing demand for forensic authentication business, some authentication institutions focus on capturing business, not focusing on infrastructure, focusing on profitability , not focusing on compliance with laws and regulations, focusing on rapid identification, and not focusing on internal standards ; there are repeated identifications, multiple identifications, false identifications, Hidden dangers, such as wrong appraisal, which affect appraisal quality and authority, have been accused of increasing the number of illegal and illegal appraisal acts, which have affected the industry image and judicial fairness to a certain extent. 信用 等级评定工作，引导司法鉴定加强行业自我管理完善，提高资质和鉴定业务水平，保障司法公正、效率和公信力是非常有意义的。 Therefore, it is of great significance to carry out forensic appraisal credit rating assessment, guide judicial appraisal, strengthen the industry's self-management improvement, improve qualifications and appraisal business level, and ensure judicial justice, efficiency and credibility.
主要内容及其设置思考 Third, the main content of the "method" and thinking about its setting
主要是明确了我区司法鉴定信用等级划分、评定标准、评定程序，其内容共分 五章二十六条，第一章是总则，第二章是信用等级与信用标准，第三章是评定程序，第四章是评定结果运用，第五章是附则。 The "Measures" mainly define the classification, evaluation standards, and evaluation procedures of the credit rating of judicial appraisal in our district. The contents are divided into five chapters and 26 articles. The first chapter is the general rules, the second chapter is the credit ratings and credit standards, and the third Chapter is the evaluation procedure, Chapter 4 is the application of evaluation results, and Chapter 5 is the supplementary rules.
The Measures include the credit ability, integrity performance, and social honor of judicial appraisal agencies and appraisers as the three major contents of the credit evaluation of judicial appraisal. It implements a 100-point system and is divided into five levels, of which credit ability accounts for 40 points, and credit performance accounts for 54 points, 6 points for social honor, five levels of AAA, AA, A, B, and C are determined in descending order according to the quantitative scores of the credit evaluation of the judicial appraisal agency and the judicial appraiser, and the B and C levels are the trustworthy level and serious The level of dishonesty is included in the key supervision targets.
力 鉴定人，使司法鉴定机构的建设自觉向高资质、高水平方向发展，使司法鉴定人自觉提升自己的鉴定能力水平和职业道德素质；在等级划分方面，以百分制为基础，从高分到低分分段划分等级，体现司法鉴定信用档次差别，让司法鉴定机构在守信等级以上有竞争空间，在失信等 级 以下受到区别对待；在结果运用方面，主要通过发布司法鉴定信用信息，接受社会监督，增强司法鉴定透明度，为委托人、当事人提供服务参考，提高司法鉴 The main considerations for setting up the content composition, ranking, and application of the "Methods" are as follows: In terms of content composition, the traditional practice of only including compliance with laws and regulations as the content of integrity assessment has been changed, and judicial qualifications, ability to comply with laws and regulations, and obtain honors It can reflect the internal strength and external performance of forensic appraisal agencies and appraisers' social services as the main assessment factors, guide the forensic appraisal industry to become larger and stronger, eliminate small institutions, bad institutions and low-capacity appraisers, and make the construction of forensic appraisal agencies conscious. The development of high qualifications and high levels has enabled judicial appraisers to consciously improve their appraisal ability and professional ethics; in terms of ranking, based on the percentage system, grades are divided from high to low scores, reflecting the differences in judicial appraisal credit grades. To allow judicial appraisal agencies to compete above the level of trustworthiness and be treated differently below the level of trustworthiness ; in the use of results, mainly through the release of judicial appraisal credit information, accept social supervision, enhance the transparency of judicial appraisal, and provide clients and clients with transparency Service references to improve judicial forensics And convergence of quality and efficiency in handling cases, survival of the fittest forensic industry healthy competition mechanism.
4. What are the important features and innovations of the Measures in our district?
Our district is one of the few provinces in China that has established a provincial-level judicial appraisal credit rating management system. 青海、四川、江苏、上海等省区先后出台了司法鉴定诚信考评办法， 但以信用等级命名，广西是第一家。 Prior to this, Qinghai, Sichuan, Jiangsu, Shanghai and other provinces and regions have successively introduced methods for assessing the integrity of judicial appraisals, but named after the credit rating, Guangxi is the first. 力 鉴定人，使司法鉴定机构的建设自觉向高资质、高水平方向发展，使司法鉴定人自觉提升自己的鉴定能力水平和职业道德素质。 In terms of the content of the Measures, the traditional practice of only including compliance with laws and regulations as the content of integrity assessment has been changed, and the judicial appraisal qualifications, compliance with laws and regulations, and obtaining honors can be used to reflect the legal services of judicial appraisal agencies and appraisers. Internal strength and external performance are the main assessment factors, leading the forensic expert industry to become bigger and stronger, eliminating small institutions, bad institutions and low-capacity appraisers, making the construction of forensic appraisal institutions consciously develop towards a high-quality, high-level direction, so that forensic appraisers Consciously improve your level of identification and professional ethics. Moreover, when compliance with laws and regulations is listed as the content of honesty and performance, only based on the punishment and punishment for violations of laws and regulations, the practice of directly including specific violations of laws and regulations into the evaluation of specific items has been changed.