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	DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON THE ADMINISTRATION OF JUDICIAL AUTHENTICATION

	(Adopted at the 14th Session of the Standing Committee of the National People's Congress on February 28, 2005)


SUBJECT : JUDICIAL AUTHENTICATION
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 02/28/2005
IMPLEMENT DATE : 10/01/2005
LENGTH : 1,273 words
TEXT :

For the purposes of strengthening the administration of authenticators and authentication institutions, satisfying the needs of the judicial organs and citizens or organizations in litigation and ensuring that the litigation activities proceed smoothly, it is hereby decided as follows:

1. The term "judicial authentication" refers to the activities that authenticators identify, make judgments and offer expertise on the special issues involved in litigation by using scientific technologies or special knowledge.

2. The state adopts a register management system for the authenticators and authentication institutions engaging in the following categories of judicial authentication:

(1) The medico-legal authentication;

(2) The authentication of physical evidences;

(3) The authentication of audio and visual materials; and

(4) Other authentication matters determined by the judicial administrative department of the State Council in consultation with the Supreme People's Court or Supreme Peoples' Procuratorate, for which the authenticators and authentication institutions should be subject to register management.

As to the management of the authenticators and authentication institutions as mentioned in the preceding paragraph, if it is otherwise provided for by the law, the latter shall prevail.

3. The judicial administrative department of the State Council shall be responsible for the management of the register of authenticators and authentication institutions throughout the country. The judicial administrative department of a provincial people's government shall, under this Decision, be responsible for registering the authenticators and authentication institutions, creating rosters and making announcements.

4. Whoever meets any of the following conditions may apply for engaging in judicial authentication:

(1) Having a senior professional technical title relating to the judicial authentication in which he applies for engaging;

(2) Having professional practicing qualifications relating to the judicial authentication in which he applies for engaging or having a university diploma of relevant specialty or above, and having pertinent working experience of 5 or more years;

(3) Having 10 or more years of working experience relating to the judicial authentication in which he applies for engaging and having relatively strong professional skills.

Anyone who has record of a criminal punishment for an intentional crime or duty-related crime, has ever been sanctioned-being dismissed from a government organ, or is a deregistered authenticator shall not engage in judicial authentication.

5. Where a legal person or any other organization applies for engaging in judicial authentication, it shall satisfy the following conditions:

(1) Having definite business scope;

(2) Having instruments and equipment that can meet the needs of judicial authentication within its business scope;

(3) Having a test lab which has passed measurement certification or laboratory accreditation and can meet the needs of judicial authentication within its business scope; and

(4) Having 3 or more authenticators for each judicial authentication business.

6. An individual, legal person or any other organization who applies for engaging in judicial authentication shall be subject to the examination of the judicial administrative department of the provincial people's government. If he (it) meets relevant requirements, he (it) shall be registered, shall be listed in the roster of authenticators and authentication institutions and shall be announced.

The judicial administrative department of a provincial people's government shall, on the basis of the newly added or deregistered authenticators or authentication institutions, regularly update the roster of authenticators and authentication institutions and make announcements.

7. An authentication institution established by an investigating organ for the purpose of investigation may not accept the entrustment of the general public to make judicial authentications.

No authentication institution may be established by the people's court or judicial administrative organ.

8. There is no hierarchical relationship between the authentication institutions. An authentication institution isn't subject to any geographical restriction in accepting entrustment to engage in judicial authentication.

An authenticator shall practice judicial authentication in an authentication institution.

9. If, in the process of litigation, any dispute arises concerning any matter as mentioned in Article 2 of this Decision and it needs authentication, it shall entrust an authenticator included in the roster to conduct authentication. The entrustment of judicial authentication to be undertaken by an authenticator shall be uniformly accepted by the authentication institution for which he works.

The authenticators and authentication institutions shall engage in judicial authentication within the business scope as stated in the roster of authenticators and authentication institutions.

Authenticators shall comply with the provisions of the procedural laws on withdrawal.

10. An authenticator's responsibility system shall be adopted for judicial authentication. An authenticator shall conduct authentication independently, shall be liable for the authentication expertise and shall affix his name or seal to the authentication report. As to an authentication jointly conducted by two or more authenticators, the expertise opinions that differ from the authentication conclusion, if there are any, shall be noted in the authentication report.

11. If, in the process of litigation, any party concerned has any objection to the authentication conclusion, the authenticator (s) shall appear in court to bear witness upon the lawful notification of the people's court.

12. The authenticators and authentication institutions engaging in judicial authentication shall abide by the laws, regulations, professional ethics and occupational disciplines, respect science and follow the technical operating standards.

13. Where an authenticator or authentication institution violates this Decision, he (it) shall be given a warning and shall be ordered to correct the violation by the judicial administrative department of the provincial people's government.

Where an authenticator or authentication institution is under any of the following circumstances, the judicial administrative department of provincial people's government shall enjoin him (it) from engaging in judicial authentication for 3 months up to 1 year; if the circumstances are serious, he (it) shall be deregistered:

(1) His (its) serious neglect of duties has caused heavy losses to the legitimate rights and interests of the party concerned;

(2) He (it) is registered by offering false certification documents or by fraudulent means;

(3) He (it) refuses to appear in court to bear witness upon the lawful notification of people's court; or

(4) Other circumstances as provided for by the laws and administrative regulations.

Where an authenticator intentionally makes a false authentication, if any crime is constituted, he shall be subject to criminal liabilities; if no crime is constituted, he shall be punished in accordance with the preceding paragraph.

14. In carrying out the work of register and management of authenticators and authentication institutions, a judicial administrative department shall strictly comply with the law and shall actively push forward the standardization and legalization. If any serious consequences are resulted from an act of abusing one's power or neglecting one's power, the directly liable persons shall be subject to corresponding legal liabilities.

15. The items and standards of judicial authentication fees shall be determined by the judicial administrative department of the State Council in consultation with the price administrative department of the State Council.

16. The concrete measures for the register, roster and announcement of authenticators and authentication institutions shall be formulated by the judicial administrative department of the State Council, and then be submitted to the State Council for approval.

17. The definitions of some terms in this Decision:

(1) The medico-legal authentication includes medico-legal pathological authentication, medico-legal clinical authentication, medico-legal mental disease authentication, medico-legal material evidence verification and identification, and medico-legal toxic identification.

(2) The authentication of physical evidences includes that authentication of transcripts, authentication of traces and micro-authentication.

(3) The authentication of audio and visual materials includes determining the genuineness and integrity of the sound and picture information recorded in tapes, video tapes, CDs, pictures, etc. and the circumstances and courses reflected thereby, and identifying the categories of the recorded sounds, language in the context of images, human bodies or objects or determining them as identical.

18. This Decision shall come into force as of October 1, 2005.